Vukeya v Ntshane and Others (518/2019)
Vukeya v Ntshane and Others (518/2019) [2020] ZASCA 167; 2022 (2) SA 452 (SCA) (11 December 2020)
The Supreme Court of Appeal held that the appellant did not know and could not reasonably have known that the deceased was married and required spousal consent for the sale of the property. The appellant relied on official documents and representations indicating the deceased was unmarried, and there was nothing to put him on enquiry. The Court found that the protection afforded by s 15(9)(a) of the Matrimonial Property Act applied, and the first respondent was deemed to have consented to the sale. The high court erred by failing to consider s 15(9)(a) and by not adopting a contextual and hol…
Source excerpt
- Matrimonial Property Act
- Sale Of Immovable Property
- Consent In Community Of Property
- Deemed Consent
- Transfer Of Property
- Duty Of Enquiry