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South Africa Case Law

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Land And Property [2022] ZAGPJHC 625

Morewane N.O. v Rampoto N.O. and Others (2020/8534)

Morewane N.O. v Rampoto N.O. and Others (2020/8534) [2022] ZAGPJHC 625 (29 August 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2020/8534
Judge
Swanepoel

The court found that South African law recognizes the validity of a donation inter vivos of property not owned by the donor at the time of donation, provided the donor subsequently acquires ownership and can effect transfer. The authorities cited, including Voet, Grotius, Van Leeuwen, and case law, support the principle that such donations are not invalid. The respondent's argument that the property vested in Joseph Rampoto's estate was rejected due to lack of evidence and the fact that the deed of transfer was in Jacob Rampoto's name. The court distinguished the McBride v Jooste dictum, hold…

Source excerpt

  • Donation Inter Vivos
  • Transfer Of Ownership
  • Estate Administration
  • Upgrading Of Land Tenure Rights Act
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Commercial And Corporate [2019] ZAWCHC 142

D.E and Another v C.E and Others (3991/19)

D.E and Another v C.E and Others (3991/19) [2019] ZAWCHC 142; [2020] 1 All SA 123 (WCC) (10 October 2019)

Court
Western Cape High Court, Cape Town
Case number
3991/19
Judge
P.A.L.Gamble

The court found that the agreement between the applicants and the first respondent was intended to transfer the parents' members' interest in the close corporation to their son, not the sale of immovable property. Therefore, the Alienation of Land Act did not apply, and the agreement was valid and binding until its cancellation by the applicants on 30 November 2018. The transfer of 50% members' interest from the first respondent to the second respondent was a valid donation inter vivos, not executory, and thus not subject to the formalities of the General Law Amendment Act. The donation was m…

Source excerpt

  • Close Corporations Act
  • Donation Inter Vivos
  • Contract Cancellation
  • Remuneratory Donation
  • Alienation Of Land Act
  • Matrimonial Property Act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.