South Africa Case Law

D.E and Another v C.E and Others (3991/19)

D.E and Another v C.E and Others (3991/19) [2019] ZAWCHC 142; [2020] 1 All SA 123 (WCC) (10 October 2019)

Court

Western Cape High Court, Cape Town

Case number

3991/19

Judge

P.A.L.Gamble

The court found that the agreement between the applicants and the first respondent was intended to transfer the parents' members' interest in the close corporation to their son, not the sale of immovable property. Therefore, the Alienation of Land Act did not apply, and the agreement was valid and binding until its cancellation by the applicants on 30 November 2018. The transfer of 50% members' interest from the first respondent to the second respondent was a valid donation inter vivos, not executory, and thus not subject to the formalities of the General Law Amendment Act. The donation was m…

Source excerpt

• Close Corporations Act
• Donation Inter Vivos
• Contract Cancellation
• Remuneratory Donation
• Alienation Of Land Act
• Matrimonial Property Act