South Africa Case Law

J.R v H.R and Others (17519/22 ; 5633/98)

J.R v H.R and Others (17519/22 ; 5633/98) [2023] ZAWCHC 347 (8 December 2023)

Court

Western Cape High Court, Cape Town

Case number

17519/22 ; 5633/98

Judge

De Wet

The court found that the divorce order granted in 1999 was ambiguous regarding the forfeiture of the deceased's half share in the immovable property. The applicant was entitled to seek clarification under Rule 42, as the order did not specify which assets were forfeited. The respondent's factual defences were dismissed as she lacked personal knowledge and her contentions were contradicted by evidence that the deceased used pension funds to extend the property and was aware of the divorce order. Legally, the respondent could not challenge the validity of the divorce order in these proceedings,…

Source excerpt

• Forfeiture Of Patrimonial Benefits
• Variation Of Court Order
• Divorce Act Section 9
• Rule 42 Uniform Rules
• Immovable Property Transfer

N.W.M v N.Q.M and Another (2018/39527)

N.W.M v N.Q.M and Another (2018/39527) [2023] ZAGPJHC 956 (16 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2018/39527

Judge

PG Louw

The High Court dismissed an exception to a plea in a divorce-related property dispute, finding the defence raised bona fide issues fit for trial.

• Exception To Plea
• Forfeiture Of Benefits
• Division Of Joint Estate
• Immovable Property Transfer
• Decree Of Divorce
• Exception-to-plea

Lucchesi and Another v Pillay NO and Others (19954/2022)

Lucchesi and Another v Pillay NO and Others (19954/2022) [2023] ZAGPJHC 857 (2 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

19954/2022

Judge

Adams

The High Court held that a disputed property interest had been donated to a family trust, terminated the trust, and ordered transfer to the beneficiaries.

• Trust Property Control Act
• Interpretation Of Trust Deed
• Immovable Property Transfer
• Termination Of Trust
• Distribution To Beneficiaries
• Trust-property-control-act

Oliphant N.O v Oliphant and Others (448/2017)

Oliphant N.O v Oliphant and Others (448/2017) [2018] ZANCHC 56 (18 May 2018)

Court

Northern Cape High Court, Kimberley

Case number

448/2017

Judge

BM Pakati

The court granted leave to appeal against an order upholding special pleas of prescription and locus standi in a deceased-estate property dispute.

• Prescription Act
• Administration Of Estates Act
• Locus Standi
• Immovable Property Transfer
• Liquidation And Distribution Account
• Leave-to-appeal