South Africa Case Law

Scholtz and Another v De Kock NO and Others (312/2023)

Scholtz and Another v De Kock NO and Others (312/2023) [2024] ZASCA 132 (2 October 2024)

Court

Supreme Court of Appeal

Case number

312/2023

Judges

Makgoka, Nicholls, Hughes, Molefe, Mbhele

The Supreme Court of Appeal held that Ms Scholtz did not owe a duty to account to the deceased's estate or its beneficiaries for the R5 600 000 received from the RAF. The mere deposit of funds into her attorney's trust account did not establish a fiduciary relationship requiring accounting, as no mandate agreement existed. Any fiduciary duty was limited to the brief period the funds were in the trust account, and Ms Scholtz had fully accounted for their transfer to the investment account. The subsequent management and disbursement of the funds were governed by a personal arrangement between t…

Source excerpt

• Fiduciary Duty
• Executor Accountability
• Deceased Estate Management
• Attorney Trust Account
• Donation
• Beningfield Exception

Lourens v Mathie and Others (A11/2024)

Lourens v Mathie and Others (A11/2024) [2024] ZAGPPHC 1389 (8 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

A11/2024

Judges

Mabesele, Swanepoel, Amien

The High Court held that the appellant showed a bona fide defence to a summary judgment claim over deceased funds transferred under an alleged oral agreement.

• Summary Judgment
• Oral Agreement
• Maintenance Of Surviving Spouses
• Administration Of Estates
• Donation
• Bona Fide Defence

Majake v Jones and Others (2020/21215)

Majake v Jones and Others (2020/21215) [2022] ZAGPJHC 433 (15 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/21215

Judge

L.J. du Bruyn

The High Court dismissed an application to set aside a R455,000 payment from a joint estate, finding the applicant had not proved it was a donation or alienation without value.

• Matrimonial Property Act
• Donation
• Alienation Without Value
• Joint Estate
• Onus Of Proof
• Matrimonial-property-act

Strohmenger v Victor (1133/20)

Strohmenger v Victor (1133/20) [2022] ZASCA 45 (8 April 2022)

Court

Supreme Court of Appeal

Case number

1133/20

Judges

Saldulker, Makgoka, Hughes, Matojane, Molefe

The Supreme Court of Appeal granted special leave and upheld an appeal where the respondent failed to prove a restitution claim arising from an alleged oral land agreement.

• Restitution
• Prescription
• Alienation Of Land Act
• Burden Of Proof
• Oral Agreement
• Donation

J v J (4949/2013)

J v J (4949/2013) [2016] ZAFSHC 74 (19 May 2016)

Court

Free State High Court, Bloemfontein

Case number

4949/2013

Judge

Lekale

Divorce granted. The plaintiff failed to prove loan agreements or enrichment, so the court ordered absolution from the instance on all monetary claims.

• Divorce
• Unjust Enrichment
• Loan Agreement
• Donation
• Costs Award
• Loan-agreement

Badenhorst NO v Goosen en 'n Ander (1432/2011)

Badenhorst NO v Goosen en 'n Ander (1432/2011) [2015] ZAGPPHC 668 (25 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

1432/2011

Judge

C Pretorius

The court found that the plaintiff, as executor, failed to prove on a balance of probabilities that the R345,000 transferred by the deceased to the defendants was a loan. The evidence showed no written loan agreement, no terms of repayment or interest, and no corroboration from other witnesses. The deceased's documented practice was to record loans in writing, which was absent in this case. The defendants provided credible testimony that the amount was a donation, conditional on the deceased receiving accommodation and care. The court held that the presumption against donations did not shift…

Source excerpt

• Burden Of Proof
• Donation
• Contractual Intent
• Succession
• Onus Of Proof

Utopia Properties (Pty) Ltd v Boyce (54224/2014)

Utopia Properties (Pty) Ltd v Boyce (54224/2014) [2015] ZAGPPHC 956 (18 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

54224/2014

Judge

M F Legodi

The court dismissed an exception to a plea about a Ferrari dispute, but upheld an exception to a counterclaim based on a cohabitation agreement with a third party.

• Pleading Requirements
• Counterclaim
• Cohabitation Agreement
• Donation
• Exception Procedure
• Exception-procedure

T.A.V.R v H.V.R (59938/10)

T.A.V.R v H.V.R (59938/10) [2012] ZAGPPHC 70 (24 April 2012)

Court

North Gauteng High Court, Pretoria

Case number

59938/10

Judge

AP Ledwaba

High Court dispute over ownership of a Toyota Fortuner. The court found the vehicle had been donated to the defendant and dismissed the plaintiff’s claim.

• Division Of Matrimonial Property
• Ownership And Transfer Of Motor Vehicle
• Donation
• Oral Contract
• Counterclaim
• Oral-contract

Feldman v Oshry NO and Another (6752/20007)

Feldman v Oshry NO and Another (6752/20007) [2009] ZAKZDHC 8; 2009 (6) SA 454 (KZD) (14 April 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

6752/2006

Judge

Van Zÿl

The court awarded a surviving spouse monthly maintenance from the estate, rejected a lump-sum maintenance claim, and granted payment of a promised R50,000 donation.

• Maintenance Of Surviving Spouses Act
• Reasonable Maintenance Needs
• Testamentary Bequest
• Donation
• Periodical Payments
• Maintenance-of-surviving-spouses-act

Machaka v Mosala (2664/2006)

Machaka v Mosala (2664/2006) [2006] ZAFSHC 159 (19 October 2006)

Court

Free State High Court, Bloemfontein

Case number

2664/2006

Judge

Rampai

The High Court ordered return of a BMW 318i, finding the applicant proved ownership under rei vindicatio and the respondent failed to prove a donation.

• Rei Vindicatio
• Ownership Of Movables
• Donation
• Precarium
• Burden Of Proof
• Rei-vindicatio