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South Africa decisions
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Khan v Shaik (641/2019) [2020] ZASCA 108; 2020 (6) SA 375 (SCA) (21 September 2020)
The Supreme Court of Appeal held that a claim to share in a universal partnership is a personal right that prescribes three years after termination.
Sivemangal v AM Gas & General Suppliers (Pty) Ltd and Others (10174/17P) [2020] ZAKZPHC 8 (19 March 2020)
The court found that the suretyship agreement was signed by the second defendant in the ordinary course of business during his marriage in community of property to the third defendant. Accordingly, written consent from the third defendant was not required under section 15(6) of the Matrimonial Property Act. The debt incurred thereby became a liability of the joint estate, and the plaintiff was entitled to sue both spouses under section 17(5). The Dissolution Agreement and subsequent court order created only personal rights between the second and third defendants and did not affect the plainti…
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Bondev Midrand (Pty) Limited v Ramokgopa and Others (72637/2013) [2015] ZAGPPHC 1136 (27 October 2015)
The court held that a claim to retransfer land after breach of a title condition is a debt under the Prescription Act and had prescribed.
Naidoo and Another v Chetty and Others (6546/06) [2010] ZAKZPHC 104 (3 December 2010)
The court found that the notice of attachment was competent as the property was still held under one deed of transfer and the description matched the deeds registry. The subdivision had not yet resulted in separate registration, so the property remained attachable. However, section 22 of the Alienation of Land Act was interpreted to protect the appellants, as they had acted in good faith and met the statutory requirements for transfer, including providing security for the purchase price and costs. The court distinguished Dream Supreme Properties 11 CC, noting that the appellants' personal rig…
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Red Stripe Trading 68 CC v Khumalo (31039/04) [2005] ZAGPHC 31 (23 March 2005)
The High Court dismissed an eviction application under PIE because the applicant, as purchaser, lacked locus standi without transfer, possession, or cession.
Van Heerden v Pienaar (171/86) [1986] ZASCA 111; [1987] 1 All SA 280 (A) (29 September 1986)
The Supreme Court of Appeal held that section 5(2) of the Landbouhoewes (Transvaal) Registratie Wet, 1919 prohibits joint ownership of agricultural land where subdivision according to shares would result in portions smaller than one morgen, but this prohibition applies only to real rights capable of registration in the deeds office. The alleged oral agreement between the parties did not confer joint ownership or real rights but merely regulated their personal rights and obligations regarding the land. The agreement did not amount to an unlawful attempt to circumvent the statute (fraudem legis…
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