South Africa Case Law

Bergh and Another v Viljoen and Another (14223/13)

Bergh and Another v Viljoen and Another (14223/13) [2014] ZAWCHC 86 (20 May 2014)

Court

Western Cape High Court, Cape Town

Case number

14223/13

Judge

A P Blignault

The court found that the agreement between the parties contained all the essential elements of a partnership under South African law. Each party made a substantial financial contribution to the purchase of the farm, satisfying the requirement of contribution. The arrangement was for the joint benefit of all parties, as each obtained immediate possession and development rights over their respective portions, pending subdivision. The court interpreted the requirement of 'profit' or 'gain' broadly, concluding that the advantages and benefits accruing to each party constituted sufficient gain for…

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• Partnership Dissolution
• Liquidation Of Partnership Assets
• Ownership Of Agricultural Land
• Contractual Essentialia
• Division Of Property

Els v Smit and Another (356/07)

Els v Smit and Another (356/07) [2008] ZASCA 119; [2009] 1 All SA 339 (SCA) (26 September 2008)

Court

Supreme Court of Appeal

Case number

356/07

Judges

Harms, Scott, Lewis, Leach, Mhlantla

The Supreme Court of Appeal held that the disputed properties were acquired in pursuance of a partnership agreement and are therefore partnership assets. The respondent is entitled to share equally in the net proceeds from their sale, regardless of registration in the appellant's name. The appellant's arguments for forfeiture and denial of commission were rejected, as South African law does not recognise forfeiture in the absence of a specific clause, and the respondent's entitlement to commission was established by agreement and supported by statutory protection. The counterclaim for repayme…

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• Partnership Dissolution
• Declaratory Relief
• Liquidation Of Partnership Assets
• Co Ownership
• Estate Agent Commission

Khabeer v Sene and Others (2006/56669)

Khabeer v Sene and Others (2006/56669) [2008] ZAGPHC 453 (22 August 2008)

Court

High Courts - Gauteng

Case number

2006/56669

Judge

P.A. Meyer

The court interpreted a prior order on a universal partnership, holding that only assets built from partnership profits during the partnership period were included.

• Universal Partnership
• Interpretation Of Court Orders
• Declaratory Relief
• Liquidation Of Partnership Assets
• Universal-partnership
• Interpretation-of-court-orders