Mkhize and Another v Mabija NO (782/1998)
Mkhize and Another v Mabija NO (782/1998) [2011] ZAKZDHC 42 (5 May 2011)
The court found that the marriage between the Defendant and Sangqwane, contracted in 1975, was governed by the Black Administration Act and did not result in community of property, as no declaration to that effect was made. The decree of divorce did not order a transfer of ownership of the property to the Defendant, nor did it constitute a redistribution order under section 7(3) of the Divorce Act. The Defendant retained only a personal right of occupation, not ownership. The property was registered in Sangqwane's name, and he was entitled to alienate it. The Plaintiffs, as bona fide purchase…
Source excerpt
- Ownership Of Immovable Property
- Marriage Regimes
- Divorce Orders
- Deeds Registry
- Alienation Of Property