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South Africa Case Law

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Land And Property [2023] ZAGPJHC 811

C.A.W v D.H.W and Another (16760/2018)

C.A.W v D.H.W and Another (16760/2018) [2023] ZAGPJHC 811 (21 July 2023)

The High Court ordered transfer of a donated half share in immovable property after rejecting the donor’s revocation claim based on gross ingratitude.

  • Revocation Of Donation
  • Gross Ingratitude
  • Transfer Of Immovable Property
  • Matrimonial Home
  • Revocation-of-donation
  • Gross-ingratitude
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Family And Children [2023] ZAGPJHC 738

E.S.M v A.T.M (09183/2017)

E.S.M v A.T.M (09183/2017) [2023] ZAGPJHC 738 (26 June 2023)

The court found that the only issue was the interpretation and application of section 9(1) of the Divorce Act. The applicant contributed only R20,000 to the estate, and the court exercised its discretion judicially, considering the duration of the marriage, circumstances of breakdown, and misconduct. The authorities cited confirm that forfeiture cannot be ordered against a party's own contributions. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for leave to appeal. Accordingly, the application for leave to appeal was dismissed and costs awarded t…

  • Divorce Act Section 9
  • Forfeiture Of Benefits
  • Pension Interest
  • Matrimonial Home
  • Costs Order
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Civil Procedure [2022] ZAGPPHC 628

Gouws v Ariano 424 CC and Another (33104/2021)

Gouws v Ariano 424 CC and Another (33104/2021) [2022] ZAGPPHC 628 (29 July 2022)

The High Court granted leave to appeal against an eviction order, finding reasonable prospects that another court may reach a different conclusion.

  • Eviction
  • Leave To Appeal
  • Matrimonial Home
  • Alter Ego Company
  • Leave-to-appeal
  • Matrimonial-home
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Family And Children [2011] ZAGPJHC 247

N v N (21694/2010)

N v N (21694/2010) [2011] ZAGPJHC 247 (9 December 2011)

The High Court found the plaintiff did not sign the settlement agreement and was entitled to her share of the former matrimonial home’s sale proceeds.

  • Division Of Joint Estate
  • Forgery Of Signature
  • Transfer Of Property
  • Matrimonial Home
  • Costs Order
  • Division-of-joint-estate
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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.