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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 230

Slabbert and Another v Moodie and Others (9688/2023)

Slabbert and Another v Moodie and Others (9688/2023) [2024] ZAGPPHC 230 (4 March 2024)

The High Court appointed a liquidator to realise and distribute partnership assets after a dissolved partnership remained unresolved for nearly three years.

  • Partnership Dissolution
  • Liquidation Of Assets
  • Actio Pro Socio
  • Distribution Of Partnership Property
  • Partnership-dissolution
  • Liquidation-of-assets
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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 [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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Family And Children [2022] ZAWCHC 1

L.M v R.K (9236/2014)

L.M v R.K (9236/2014) [2022] ZAWCHC 1; [2022] 1 All SA 738 (WCC) (19 January 2022)

The court found that cohabiting partners formed a tacit universal partnership, pooled finances and assets, and ordered equal division of the estate.

  • Universal Partnership
  • Division Of Joint Estate
  • Cohabitation Rights
  • Liquidation Of Assets
  • Universal-partnership
  • Cohabitation-rights
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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 [2010] ZAECPEHC 72

Mncora v Butters, Butters v Mncora (881/2008, 3055/2010)

Mncora v Butters, Butters v Mncora (881/2008, 3055/2010) [2010] ZAECPEHC 72 (7 December 2010)

The court found that the plaintiff had established the existence of a tacit universal partnership with the defendant, based on their joint decisions, shared family responsibilities, and the pooling of resources for the benefit of the household and children. Although the plaintiff did not participate directly in the business, her contributions to the family and home were integral to the partnership's success. The court rejected the defendant's evidence as unreliable and found that equity required a division of partnership assets, awarding the plaintiff 30% of the net asset value as at 1 Januar…

  • Universal Partnership
  • Cohabitation
  • Breach Of Promise To Marry
  • Quantification Of Damages
  • Eviction
  • Liquidation Of Assets
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Commercial And Corporate [2010] ZAWCHC 111

Bergman and Others v Van der Westhuizen (9564/2006)

Bergman and Others v Van der Westhuizen (9564/2006) [2010] ZAWCHC 111 (26 February 2010)

The court upheld a partnership dissolution account against a radiologist, rejected a liquidation argument, dismissed counterclaims, and awarded punitive costs.

  • Partnership Dissolution
  • Accounting And Debatement
  • Goodwill Valuation
  • Punitive Costs
  • Summary Judgment
  • Liquidation Of Assets
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Commercial And Corporate [2003] ZAGPHC 12

Du Plessis v Swartz (17015/03)

Du Plessis v Swartz (17015/03) [2003] ZAGPHC 12 (9 October 2003)

The court granted final relief in a partnership dispute, ordering payment of specified sums, monthly interim payments, a full accounting, and an interdict on withdrawals.

  • Partnership Dissolution
  • Accounting Between Partners
  • Payment Of Debts
  • Liquidation Of Assets
  • Partnership-dissolution
  • Accounting-between-partners
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Land And Property [1996] ZASCA 26

Burger NO and Another v Erasmus en Andere (507/94)

Burger NO and Another v Erasmus en Andere (507/94) [1996] ZASCA 26 (27 March 1996)

Curators were not obliged to approve a farm-sale arrangement with the Land Bank; their refusal was not shown to be mala fide, and the appeal succeeded.

  • Liquidation Of Assets
  • Insolvent Estate Administration
  • Curator Discretion
  • Preferent And Concurrent Creditors
  • Insolvent-estate-administration
  • Curator-discretion
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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.