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South Africa decisions
Decisions matching the current search
S v K (A3139/2021) [2022] ZAGPJHC 801 (11 October 2022)
Full Bench appeal on accrual under the Matrimonial Property Act: the court held it could not appoint a liquidator to determine and realise assets absent agreement.
S v S (born R) (42712/2018) [2022] ZAGPJHC 683 (14 September 2022)
The court found that the divorce order itself should not be rescinded, as the defendant conceded the irretrievable breakdown of the marriage and had no bona fide defence. However, prayer 3 of the order was erroneously granted, as it deviated materially from the relief pleaded by the plaintiff and failed to provide for the appointment of a liquidator, clear directions for sale, and division of proceeds. The order was vague and unenforceable, necessitating variation under Rule 42(1)(a). The defendant's counterclaim was not adjudicated or struck out and remained extant; the court ordered that it…
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H v H (27681/2014) [2022] ZAGPJHC 291 (3 May 2022)
The High Court dismissed an application to vary a divorce settlement, finding no binding signed variation and no basis to appoint a liquidator.
TP v DN (21859/2021) [2022] ZAGPJHC 64 (1 February 2022)
The court dissolved a partnership over jointly owned immovable property, dismissed the counterapplication, and ordered an independent liquidator appointed to sell the asset.
M.F.K v S.C.N (HCA26/2020) [2021] ZALMPPHC 85 (25 November 2021)
The court held that the appellant's greater financial contribution alone does not justify a forfeiture order, as community of property entails equal sharing regardless of individual contributions. There was no evidence of substantial misconduct or that the respondent entered the marriage with the intention to benefit unduly. The respondent's contributions, though less in value, were commensurate with her financial means and enhanced the joint estate. The court a quo correctly exercised its discretion in ordering equal division of movable and immovable assets and partial forfeiture of the pens…
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N.A.N v S.S.N (87731/2019) [2021] ZAGPPHC 413 (7 June 2021)
High Court application to appoint a liquidator to sell former spouses’ jointly owned immovable property was granted, with suspension to allow payment from pension benefits.
City Capital SA Property Holdings Limited v Chavonnes Badenhorst St Clair Cooper NO and Others (85/2077) [2017] ZASCA 177; 2018 (4) SA 71 (SCA) (1 December 2017)
The SCA held that only the Master may appoint liquidators. A court order naming liquidators under section 20(9) was a nullity, but the appeal failed for lack of practical effect.
G.T.L v N.E.L (57534/14) [2015] ZAGPPHC 539 (19 June 2015)
The court appointed a liquidator to sell and divide the parties’ joint immovable property after finding the respondent obstructed the agreed sale process.
Vogelsang v Vogelsang and Another (50980/2009) [2014] ZAGPPHC 73 (28 February 2014)
The High Court dismissed an application to set aside default orders dissolving a partnership and appointing a liquidator, finding no bona fide defence and ordering costs.
Ferreira v Rossberg and Another (6317/2010) [2011] ZAGPPHC 143 (27 May 2011)
The High Court ordered payment of R343,229.54 held in trust and dismissed a counterclaim to replace the appointed liquidator from the divorce settlement.
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