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South Africa Case Law

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Land And Property [2019] ZAGPJHC 555

Chrisal Investments (Pty) Ltd and Others v Municipal Employees Pension Fund and Others (2018/14155)

Chrisal Investments (Pty) Ltd and Others v Municipal Employees Pension Fund and Others (2018/14155) [2019] ZAGPJHC 555 (19 February 2019)

Court
South Gauteng High Court, Johannesburg
Case number
2018/14155
Judge
DP de Villiers

The court held that under South African common law, no co-owner is obliged to remain in co-ownership against their will, and the actio communi dividundo is available unless expressly excluded by contract. The co-ownership contract in question did not contain any clear, express, or tacit term excluding the actio communi dividundo. The court found that the respondents' reliance on alleged common law prerequisites was not supported by authority and that the applicants were entitled to seek dissolution. The court exercised its equitable discretion to order the sale of the joint property by public…

Source excerpt

  • Co Ownership Dissolution
  • Actio Communi Dividundo
  • Contractual Interpretation
  • Liquidation Of Joint Property
  • Partition Of Property
  • Management Of Joint Assets
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Land And Property [2018] ZAGPPHC 502

Lesenya v Ngwenya (61306/2014)

Lesenya v Ngwenya (61306/2014) [2018] ZAGPPHC 502 (6 July 2018)

Court
North Gauteng High Court, Pretoria
Case number
61306/2014
Judge
Maakane

The court held that the applicant was not entitled to proceed by way of application for the termination of joint ownership and appointment of a liquidator. The correct procedure is by way of action, as prescribed by the actio communi dividundo. The parties were never married and thus no joint estate existed, making the appointment of a liquidator inappropriate. The application was dismissed, but the parties retain the right to approach the court by way of action for relief based on actio communi dividundo. Costs were awarded against the applicant, following the normal rule that costs follow t…

Source excerpt

  • Co Ownership
  • Actio Communi Dividundo
  • Liquidation Of Joint Property
  • Motion Vs Action Procedure
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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.

Source links and collection timestamps are retained alongside the indexed records.