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South Africa decisions
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Bosman v Hoffmann (48330/2021) [2022] ZAGPPHC 588 (12 August 2022)
The court dismissed a res judicata defence and ordered termination of joint ownership of a property under actio communi dividundo.
Crawford v Goodman (21/37617) [2022] ZAGPJHC 435 (1 July 2022)
The High Court held that a universal partnership between cohabitees had ended, allowing termination of joint ownership of a Benoni property under actio communi dividundo.
Austin and Another v Austin and Another (16438/2021) [2022] ZAWCHC 94 (4 April 2022)
Co-owners of inherited property sought immediate termination of co-ownership and sale. The court ordered an open-market sale, with auction as a fallback.
CG v AG and Another (1078/2019) [2020] ZAECPEHC 12; 2020 (6) SA 487 (ECP) (5 May 2020)
The High Court held that a former spouse could demand partition of jointly owned property despite a divorce settlement, and ordered sale with equal division of proceeds.
Chrisal Investments (Pty) Ltd and Others v Municipal Employees Pension Fund and Others (2018/14155) [2019] ZAGPJHC 555 (19 February 2019)
The court held that under South African common law, no co-owner is obliged to remain in co-ownership against their will, and the actio communi dividundo is available unless expressly excluded by contract. The co-ownership contract in question did not contain any clear, express, or tacit term excluding the actio communi dividundo. The court found that the respondents' reliance on alleged common law prerequisites was not supported by authority and that the applicants were entitled to seek dissolution. The court exercised its equitable discretion to order the sale of the joint property by public…
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J.S v J.H.S (19122/14) [2018] ZAWCHC 80; [2018] 3 All SA 662 (WCC); 2018 (6) SA 528 (WCC) (27 June 2018)
The High Court found a universal partnership between long-term cohabitees and ordered division of the joint estate, including transfer of the property share.
Fourie v Honeyborne (63887/2015) [2017] ZAGPPHC 497 (4 August 2017)
The court found that the applicant had established joint ownership and the respondent's refusal to agree to termination or the method thereof. The respondent's objections regarding the commissioning of the affidavit were dismissed, as the defect was not material and could be condoned. The existence of a lease agreement and option to purchase did not preclude the termination of co-ownership, as the doctrine of 'huur gaat voor koop' ensures the lessee's protection. Since the parties could not agree on division, the court exercised its discretion to appoint a receiver to investigate contribution…
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Mbalo v Makhosonke and Others (21021/2013) [2015] ZAWCHC 91 (22 June 2015)
The court found that the applicant's version of the co-ownership agreement was credible and supported by the evidence, including her consistent financial contributions and the respondent's lack of involvement. The respondent's claim to 50% of the net value was rejected as unjust and inequitable, given his limited contributions. The court held that prescription did not bar the applicant's claim for expenses, as such claims are ancillary to the actio communi dividundo and the court retains wide equitable discretion. The applicant was entitled to terminate co-ownership and acquire the respondent…
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B.G.V.R v A.M.B (966/2014) [2015] ZAECPEHC 35 (22 May 2015)
The High Court dismissed an exception to a claim for partition and sale of jointly owned former matrimonial property, holding the pleadings disclosed a cause of action.
Claassen v Quenstedt and Others (1199/2011) [2014] ZAECPEHC 18 (25 March 2014)
The Court found that the relationship between the plaintiff and first defendant was one of joint ownership and not partnership, as there was no evidence of an intention to make and share profits. Consequently, the first defendant's counterclaim for contributions towards property expenses predating 11 November 2008 had prescribed under section 11(d) of the Prescription Act 68 of 1969. The Court exercised its equitable discretion to order the termination of joint ownership and set out a process for valuation, sale, and division of proceeds, including adjustment of accounts between the parties.…
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