South Africa Case Law

Kruger N.O v M.R.M and Another (M432/2023)

Kruger N.O v M.R.M and Another (M432/2023) [2025] ZANWHC 45 (21 February 2025)

Court

North West High Court, Mafikeng

Case number

M432/2023

Judge

FMM Reid

The applicant, as court-appointed liquidator, has a clear right to access and dispose of the joint estate's assets, including the immovable properties. The 1st respondent's unilateral set-off claim regarding the pension interest does not affect the applicant's mandate or the execution of the divorce order. The requirements for a final interdict—clear right, reasonable apprehension of irreparable harm, and lack of alternative remedy—have all been satisfied. The 1st respondent's opposition is based on a disputed calculation of the joint estate's value, which is not before this Court for determi…

Source excerpt

• Final Interdict
• Liquidation Of Joint Estate
• Division Of Joint Estate
• Set Off
• Pension Interest In Divorce
• Access To Property

Mabotja N.O v Moabelo (4638/2021)

Mabotja N.O v Moabelo (4638/2021) [2024] ZALMPPHC 158 (30 October 2024)

Court

Limpopo High Court, Polokwane

Case number

4638/2021

Judge

KL Pillay

The court found that the First Respondent, although a registered co-owner, relinquished her rights to exclusive occupation upon the appointment of the Applicant as liquidator. The Applicant, by virtue of the court order, is in charge of the property and empowered to seek eviction under the PIE Act. The First Respondent's continued occupation without consent and her obstruction of the liquidation process rendered her an unlawful occupier. The court held that the requirements of the PIE Act were satisfied, no valid defence was raised, and it was just and equitable to grant the eviction order to…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Liquidation Of Joint Estate
• Eviction Procedure

K.M.C v Jordaan and Another (B854/2023)

K.M.C v Jordaan and Another (B854/2023) [2024] ZAGPPHC 46 (22 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

B854/2023

Judge

E van der Schyff

The court found that the liquidator, Mr. Jordaan, acted within his mandate and followed proper procedures in dividing the joint estate. The applicant's claims regarding omitted assets and incorrect application of the buying-out principle were not substantiated by evidence. The court held that any adjustment for liabilities incurred without spousal consent under section 15(9)(b) of the Matrimonial Property Act must be ordered by the divorce court at the time of the decree, and the liquidator is not empowered to make such adjustments independently. Since no such order was made during the divorc…

Source excerpt

• Matrimonial Property Act
• Liquidation Of Joint Estate
• Division Of Assets
• Adjustment For Liabilities
• Costs Award

S.S.M v P.J N.O and Another (15515/2017)

S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

15515/2017

Judge

Le Grange

The court found that the liquidator acted within the powers conferred by the divorce order and the settlement agreement, including the authority to make adjustments under section 15(9)(b) of the Matrimonial Property Act during the division process. The applicant's allegations of bias and acting beyond powers were not substantiated by the evidence. The liquidator's actions regarding eviction, allocation of wasted costs, and demand for repayment of pension funds were lawful and consistent with both the agreement and applicable legal principles. The applicant's objections were based on incorrect…

Source excerpt

• Matrimonial Property Act
• Liquidation Of Joint Estate
• Powers Of Liquidator
• Bias And Removal Of Liquidator

W.M.M v Jordaan N.O and Another (M447/2021)

W.M.M v Jordaan N.O and Another (M447/2021) [2023] ZANWHC 119 (20 July 2023)

Court

North West High Court, Mafikeng

Case number

M447/2021

Judge

A H Petersen

The High Court dismissed a review of a final liquidation report in a divorce estate, finding the applicant had not cooperated and had not proved any basis to set the report aside.

• Liquidation Of Joint Estate
• Division Of Property On Divorce
• Review Of Liquidator Report
• Costs Order
• Liquidation-of-joint-estate
• Division-of-property-on-divorce

P.M.M v D.B.M and Another

P.M.M v D.B.M and Another [2023] ZAGPPHC 385; A296/2020 (31 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

A296/2020

Judges

Millar, Van Der Schyff, Munzhelele

High Court appeal upheld against an exception. The court held the pleaded claim could be construed as specific performance, not direct alienation of land, so the exception was dismissed.

• Exception Procedure
• Alienation Of Land Act
• Oral Agreements
• Specific Performance
• Liquidation Of Joint Estate
• Civil-procedure

Lewis N.O v VDS and Others (14546/21)

Lewis N.O v VDS and Others (14546/21) [2022] ZAGPJHC 889 (28 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

14546/21

Judge

MMP Mdalana-Mayisela

The High Court dismissed a liquidator’s application to sequestrate a family trust, finding insolvency and creditor advantage were not proved.

• Sequestration
• Trust Liability
• Liquidation Of Joint Estate
• Waiver Of Claim
• Authority To Litigate
• Family-trusts

CM v Jordaan t/a Divorce Settlement Agreements and Another (8597/2021)

CM v Jordaan t/a Divorce Settlement Agreements and Another (8597/2021) [2022] ZAGPPHC 360 (25 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

8597/2021

Judge

E van der Schyff

The court found that a material dispute of fact existed regarding the agreement between the parties on the sale of the Pangolin Street property and the calculation of its value. The Distribution and Allocation Account supported the second respondent's version, and the applicant failed to substantiate her claim for an adjustment under section 15(9) of the Matrimonial Property Act. The applicant did not provide sufficient evidence that the joint estate suffered a loss due to the transactions in question, nor did she demonstrate that the debts were undiscovered or incurred solely for the benefit…

Source excerpt

• Matrimonial Property Act
• Liquidation Of Joint Estate
• Division Of Assets
• Adjustment Upon Division
• Motion Proceedings
• Dispute Of Fact

Swartz v K and Another (A5036/2021; 2015/8456)

Swartz v K and Another (A5036/2021; 2015/8456) [2021] ZAGPJHC 816 (15 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A5036/2021; 2015/8456

Judges

Francis, Senyatsi, Khumalo

The court held that no fee agreement bound the respondents and that the receiver-liquidator was entitled only to reasonable remuneration, while confirming the first respondent’s amount due.

• Divorce Order Enforcement
• Liquidation Of Joint Estate
• Receiver And Liquidator Fees
• Pension Interest Distribution
• Divorce-order-enforcement
• Liquidation-of-joint-estate

R.E.M v E.J.N.M and Another (65757/2012)

R.E.M v E.J.N.M and Another (65757/2012) [2020] ZAGPPHC 258 (25 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

65757/2012

Judge

P H Malungana

The High Court rescinded a divorce settlement after finding the applicant had been induced by misrepresentation about pension fund benefits.

• Divorce Settlement
• Misrepresentation
• Rescission Of Judgment
• Liquidation Of Joint Estate
• Duty Of Disclosure
• Divorce-settlement