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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 396

Wood v Miller and Another (2023/052464)

Wood v Miller and Another (2023/052464) [2025] ZAGPJHC 396 (22 April 2025)

The High Court referred a horse-ownership dispute to oral evidence after finding material factual disputes over ownership, estoppel, and a later promise to return the horse.

  • Ownership Of Movable Property
  • Estoppel
  • Referral To Oral Evidence
  • Rule 6 5 G
  • Donation Of Property
  • Oral-evidence-referral
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Land And Property [2017] ZAGPPHC 959

Mphirime v Pouane and Others (59991/2015)

Mphirime v Pouane and Others (59991/2015) [2017] ZAGPPHC 959 (29 March 2017)

The court cancelled a wrongly registered title deed for an RDP house and ordered transfer of ownership to the applicant after finding a valid donation agreement.

  • Title Deed Cancellation
  • Housing Adjudication
  • Donation Of Property
  • Administrative Error
  • Transfer Of Ownership
  • Title-deed-cancellation
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Family And Children [2012] ZAWCHC 101

Bormann v Bormann (13601/2011)

Bormann v Bormann (13601/2011) [2012] ZAWCHC 101 (2 February 2012)

A divorce court granted the husband a redistribution order under section 7(3) of the Divorce Act, awarding him 50% of the net proceeds of the wife’s immovable property.

  • Divorce Act Section 7 3
  • Redistribution Order
  • Contribution To Estate
  • Division Of Assets
  • Donation Of Property
  • Divorce-act-section-7-3
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Family And Children [2010] ZAWCHC 602

L.G.V v J.H.V (born F) (6246/2008)

L.G.V v J.H.V (born F) (6246/2008) [2010] ZAWCHC 602 (6 December 2010)

The court found that the agreement marked 'X' did not purport to vary the matrimonial property regime, which remained out of community of property with accrual. The agreement merely excluded certain properties from the accrual calculation in the defendant's estate, which is a matter between the parties and does not affect third parties or creditors. The requirement for registration of nuptial contracts is intended to protect third parties, not to invalidate bilateral agreements regarding accrual sharing. The plaintiff did not donate the properties, as he did not own them; rather, he waived hi…

  • Matrimonial Property Regime
  • Accrual System
  • Nuptial Contract Variation
  • Donation Of Property
  • Enforceability Of Agreements
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Family And Children [2010] ZAKZPHC 67

H v H (AR324/09)

H v H (AR324/09) [2010] ZAKZPHC 67 (7 October 2010)

Appeal dismissed in a divorce matter involving maintenance duration, accrual of the matrimonial home, and forfeiture of patrimonial benefits.

  • Maintenance
  • Accrual System
  • Donation Of Property
  • Forfeiture Of Benefits
  • Divorce Act
  • Matrimonial Property Act
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Civil Procedure [1986] ZASCA 37

Plessis v Milton and Others (269/84)

Plessis v Milton and Others (269/84) [1986] ZASCA 37 (26 March 1986)

The court held that Mrs. Johnston had donated the cattle to her grandchildren, rejected the alleged partnership, and dismissed the appeal with a modified costs order.

  • Partnership Dispute
  • Donation Of Property
  • Statement Of Account
  • Curator Bonis
  • Costs Order
  • Partnership-dispute
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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.