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South Africa decisions
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Botha v Coetzee and Others (459/09) [2010] ZASCA 90 (31 May 2010)
The SCA held that the dispute over Botha’s agreement with Coetzee should go to trial, finding the case was not properly framed as a partnership claim.
Cussons and Others v Kroon (254/98) [2001] ZASCA 69; [2002] 1 All SA 361 (A); 2001 (4) SA 833 (SCA) (28 May 2001)
The Supreme Court of Appeal held that the farm was indeed a partnership asset, as evidenced by the written and oral agreements between the parties. The registration of the farm in the name of one partner was a matter of convenience and did not affect the underlying intention. Section 3(b) of the Subdivision of Agricultural Land Act 70 of 1970 did not render the agreement void, as the parties did not intend to transfer an undivided share in the land. The respondent had a personal right against the second appellant, requiring his consent for any sale of the farm. The doctrine of knowledge was a…
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