Sadiku v Sadiku (30498/06)
Sadiku v Sadiku (30498/06) [2007] ZAGPHC 1 (26 January 2007)
The court found that the marriage was governed by Nigerian law, which does not recognize community of property. The defendant failed to establish that South African law should apply or that the plaintiff had acquired a South African domicile at the time of marriage. There was no evidence of an express agreement to alter the applicable law. The defendant's belief in co-ownership was not supported by law or fact, and no bona fide defence to eviction was established. The procedural requirements under PIE were met, and the eviction was granted. However, considering the defendant's genuine belief…
Source excerpt
- Divorce Proprietary Consequences
- Lex Domicilii
- Eviction Under Pie
- Community Of Property
- Choice Of Law
- Summary Judgment