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South Africa Case Law

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Family And Children [2025] ZAGPJHC 464

I.M.R v N.M.D (2024/014513)

I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC 464 (5 May 2025)

The High Court ordered a spouse to cooperate in selling a jointly owned home pending divorce, with proceeds held in trust after bond settlement.

  • Customary Marriage
  • Joint Ownership
  • Forfeiture Of Benefits
  • Urgent Interdict
  • Lis Pendens
  • Sale Of Immovable Property
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Land And Property [2024] ZAGPPHC 1392

Mokumo v Semosa and Others (2023/054043)

Mokumo v Semosa and Others (2023/054043) [2024] ZAGPPHC 1392 (19 December 2024)

The court set aside a sale and transfer of jointly owned immovable property allegedly completed through a forged power of attorney and restored joint ownership.

  • Joint Ownership
  • Fraudulent Transfer
  • Invalid Sale Agreement
  • Transfer Of Immovable Property
  • Joint-ownership
  • Fraudulent-transfer
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Civil Procedure [2024] ZAECQBHC 84

A.S v A.S (2625/2019)

A.S v A.S (2625/2019) [2024] ZAECQBHC 84 (14 November 2024)

The High Court dismissed an application to vary a costs order after finding the plaintiff’s Rule 34 tender did not meet the rule’s requirements.

  • Costs Order Reconsideration
  • Rule 34 Uniform Rules
  • Joint Ownership
  • Settlement Offer
  • Rule-34
  • Costs-orders
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Commercial And Corporate [2023] ZAGPPHC 1941

Pooe v Macheke (72144/18)

Pooe v Macheke (72144/18) [2023] ZAGPPHC 1941 (8 November 2023)

The High Court found that a long-term cohabiting couple formed a tacit universal partnership and ordered its dissolution with equal division of assets.

  • Universal Partnership
  • Cohabitation
  • Dissolution Of Partnership
  • Liquidation Of Assets
  • Joint Ownership
  • Actio Communi Dividundo
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Land And Property [2023] ZAECQBHC 46

E.M.D and Another v Fourie and Others - Reasons (2493/2019)

E.M.D and Another v Fourie and Others - Reasons (2493/2019) [2023] ZAECQBHC 46 (17 August 2023)

The court held that a deed of sale and power of attorney for jointly owned property were invalid because one co-owner did not sign or authorise them.

  • Alienation Of Land Act
  • Invalid Contract
  • Joint Ownership
  • Estoppel
  • Restitution
  • Vindication Of Property
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Land And Property [2023] ZAGPJHC 666

Prioste v Edelstein Faber Grobler Inc and Another (2022 / 031631)

Prioste v Edelstein Faber Grobler Inc and Another (2022 / 031631) [2023] ZAGPJHC 666 (8 June 2023)

The High Court dismissed a claim against conveyancers over sale proceeds from jointly owned property, holding that one joint owner could vary payment instructions for their own share.

  • Mandate Of Conveyancer
  • Joint Ownership
  • Variation Of Instructions
  • Trust Account Payments
  • Mandate
  • Joint-ownership
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Land And Property [2022] ZAGPJHC 325

Letsoko v Monthanga (25020/2020)

Letsoko v Monthanga (25020/2020) [2022] ZAGPJHC 325 (3 May 2022)

The High Court found that the parties had formed a partnership over jointly owned property, dissolved it, appointed a liquidator, and dismissed the respondent’s counter-application.

  • Joint Ownership
  • Dissolution Of Partnership
  • Liquidation Of Assets
  • Division Of Property
  • Dissolution-of-partnership
  • Joint-ownership
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Commercial And Corporate [2021] ZAFSHC 321

Oosthuizen v Van Heerden (5619/2019)

Oosthuizen v Van Heerden (5619/2019) [2021] ZAFSHC 321 (30 November 2021)

The High Court found a universal partnership existed between cohabitants in a guesthouse business, dismissed the plaintiff’s claim, and ordered dissolution and liquidation.

  • Universal Partnership
  • Dissolution Of Partnership
  • Liquidation Of Assets
  • Joint Ownership
  • Costs Order
  • Universal-partnership
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Family And Children [2019] ZAWCHC 158

M.M v M.M (6572/2013)

M.M v M.M (6572/2013) [2019] ZAWCHC 158 (8 February 2019)

The High Court found a tacit universal partnership between former spouses after reconciliation, ordered liquidation and equal division of assets, and dismissed the defendant’s counterclaim.

  • Universal Partnership
  • Division Of Assets
  • Muslim Marriage Proprietary Consequences
  • Joint Ownership
  • Receiver Appointment
  • Consent Paper Enforcement
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Civil Procedure [2015] ZAFSHC 84

S v S, In Re: S v S (3746/2014)

S v S, In Re: S v S (3746/2014) [2015] ZAFSHC 84 (8 May 2015)

The Free State High Court rescinded a default judgment concerning co-ownership of immovable property and allowed the applicant to oppose the main application.

  • Rescission Of Default Judgment
  • Joint Ownership
  • Divorce Order Interpretation
  • Forfeiture Of Benefits
  • Rescission-of-default-judgment
  • Divorce-order-interpretation
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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.