Coetzee v Cotzee (18681/2015)
Coetzee v Cotzee (18681/2015) [2016] ZAWCHC 115; [2016] 4 All SA 404 (WCC) (8 September 2016)
The appeal succeeded because the trial court misdirected itself in law by holding that it was legally impossible to order partition of agricultural land absent ministerial consent. The appellate court found that the Subdivision of Agricultural Land Act does not preclude the court from ordering partition, and ancillary orders can be made to ensure effectiveness, including authorising the Sheriff to act for uncooperative parties. On the facts, evidence showed realistic prospects of obtaining statutory consents for subdivision, and the defendant's proposal for physical partition was feasible. Th…
Source excerpt
- Actio Communi Dividundo
- Partition Of Agricultural Land
- Subdivision Of Agricultural Land Act
- Servitude Rights
- Co-ownership Termination