Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Family And Children [2018] ZALMPPHC 57

Mogola v Mogola and Others (HCA30/2017)

Mogola v Mogola and Others (HCA30/2017) [2018] ZALMPPHC 57 (19 October 2018)

The majority held that the deceased's act of investing R800,000.00 as a donation in the name of the first respondent, without the appellant's written consent, constituted a violation of section 15(2)(c) of the Matrimonial Property Act. The funds originated from the joint estate, and the alienation was intended to prejudice the appellant's interest. The transaction was therefore null and void, and the funds must be paid into the deceased's estate. The minority (Muller J) disagreed with the majority's interpretation of section 15(2)(c), but concurred that the donation was fraudulent and prejudi…

  • Matrimonial Property Act
  • Alienation Of Joint Estate Assets
  • Donation Without Spousal Consent
  • Interpretation Of Statutory Provisos
  • Fraudulent Donation
  • Executrix Powers
Read case analysis

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.