South Africa Case Law

D[....] v B[....] and Others (23664/2017)

D[....] v B[....] and Others (23664/2017) [2021] ZAGPPHC 212 (30 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

23664/2017

Judge

M J Teffo

The court found that the plaintiff and first defendant were in a relationship akin to husband and wife, and that the plaintiff made substantial financial and labour contributions to the businesses and assets managed by the first defendant. The evidence established that both parties intended to build and accumulate assets for their joint benefit, and that the plaintiff was not merely an employee but a partner in a universal partnership. The court accepted that the partnership was tacitly formed through conduct and mutual intention, and that the assets and businesses operated by the first defen…

Source excerpt

• Universal Partnership
• Cohabitation
• Division Of Assets
• Undue Enrichment
• Liquidation Of Partnership
• Trust Litigation

N.C.O and Another v D.O and Another (A244/2019)

N.C.O and Another v D.O and Another (A244/2019) [2020] ZAWCHC 35 (12 May 2020)

Court

Western Cape High Court, Cape Town

Case number

A244/2019

Judges

J Cloete, L Nuku, E D Wille

The court found that a property partnership existed between the parties, encompassing the P Street property, the guesthouse business, and the Digteby property, based on their conduct, communications, and mutual intention to build collective value. The plaintiff was entitled to 50% of the net partnership assets, and the partnership was ordered to be liquidated by an independent liquidator. The plaintiff's entitlement to personal maintenance was established due to her age, health, and lack of earning capacity, with the quantum set at R10,000 per month, escalating annually with inflation. The du…

Source excerpt

• Matrimonial Property Act
• Property Partnership
• Maintenance Award
• Eviction Application
• Liquidation Of Partnership
• Forfeiture Of Accrual

Timmer v Zwarts (61397/2015)

Timmer v Zwarts (61397/2015) [2018] ZAGPPHC 185 (9 February 2018)

Court

North Gauteng High Court, Pretoria

Case number

61397/2015

Judge

A Millar

The court dissolved a partnership over a flat, ordered repayment of the plaintiff’s contributions, and held that pension money paid for investment had to be repaid.

• Partnership Dissolution
• Societas Universorum Quae Ex Quaestu Veniunt
• Liquidation Of Partnership
• Unjust Enrichment
• Oral Agreement
• Investment Dispute

Durr v Noe and Others (6802/2013)

Durr v Noe and Others (6802/2013) [2017] ZAWCHC 162 (8 September 2017)

Court

Western Cape High Court, Cape Town

Case number

6802/2013

Judge

Andrews AJ

The High Court dismissed an exception to a conditional counterclaim in a partnership dispute, holding the claim could not be struck out before the main issues were tried.

• Partnership Agreement
• Actio Pro Socio
• Conditional Counterclaim
• Liquidation Of Partnership
• Statement And Debatement
• Partnership-agreement

Truter and Another v Munsfeld and Others (6704/2016)

Truter and Another v Munsfeld and Others (6704/2016) [2016] ZAWCHC 143 (26 October 2016)

Court

Western Cape High Court, Cape Town

Case number

6704/2016

Judge

Gamble

The court held that the particulars of claim, even if they establish a partnership agreement, only entitle the plaintiff to relief under the actio pro socio for the dissolution of the partnership. The appointment of a liquidator can only address the partnership and not the company or trust, which require separate legal processes for dissolution. The particulars of claim are deficient in failing to provide for the winding up of the company and trust, and thus do not disclose a cause of action in relation to those entities. The exception was therefore upheld, but the plaintiffs were afforded an…

Source excerpt

• Exception To Particulars Of Claim
• Partnership Dissolution
• Liquidation Of Partnership
• Company Law Vs Partnership
• Trust Dissolution

V v M (19398/2014)

V v M (19398/2014) [2016] ZAGPPHC 652 (25 July 2016)

Court

North Gauteng High Court, Pretoria

Case number

19398/2014

Judge

N P Mali

The High Court found a tacit universal partnership between long-term cohabitants and awarded the plaintiff 33% of the joint assets after dissolution.

• Universal Partnership
• Cohabitation
• Division Of Joint Assets
• Liquidation Of Partnership
• Costs Of Suit
• Universal-partnership

Malherbe N.O v Kistein; InRe: Malherbe N.O v Malherbe N.O and Others (2597/2012)

Malherbe N.O v Kistein; InRe: Malherbe N.O v Malherbe N.O and Others (2597/2012) [2014] ZAFSHC 173 (18 September 2014)

Court

Free State High Court, Bloemfontein

Case number

2597/2012

Judge

Moloi

The High Court dismissed an application to compel further discovery under Rule 35(3), holding that the applicant had not shown a proper factual basis or relevance.

• Discovery Procedure
• Rule 35 Uniform Rules
• Partnership Dispute
• Liquidation Of Partnership
• Relevance Of Documents
• Civil-procedure

Kwan v Kaplan NO and Others (38097/2011)

Kwan v Kaplan NO and Others (38097/2011) [2012] ZAGPJHC 36 (16 February 2012)

Court

South Gauteng High Court, Johannesburg

Case number

38097/2011

Judge

FHD Van Oosten

The court refused to extend a liquidator’s duties by declarator in a solvent partnership winding-up and awarded punitive costs for an ill-conceived application.

• Liquidation Of Partnership
• Powers Of Liquidator
• Interpretation Of Court Order
• Punitive Costs
• Declaratory Relief
• Liquidation-of-partnership

Hawker Air (Pty) Ltd (In Liquidation) v Carmel Trading Co Ltd and Another (6530/2008)

Hawker Air (Pty) Ltd (In Liquidation) v Carmel Trading Co Ltd and Another (6530/2008) [2008] ZAGPHC 64 (18 February 2008)

Court

High Courts - Gauteng

Case number

6530/2008

Judge

C.P Rabie

The court confirmed an urgent interim liquidator appointment for a dissolved partnership, but limited the liquidator’s powers pending the return date.

• Urgent Interim Relief
• Liquidation Of Partnership
• Appointment Of Liquidator
• Preservation Order
• Dissolution Of Partnership
• Urgent-interim-relief