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South Africa Case Law

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Civil Procedure [2020] ZANWHC 5

Rousseau v Lombard and Another (M241/2019)

Rousseau v Lombard and Another (M241/2019) [2020] ZANWHC 5 (30 January 2020)

Court
North West High Court, Mafikeng
Case number
M241/2019
Judge
Nobanda

The applicant could not have donated or transferred ownership of the motor vehicle to the first respondent because he was not the owner; the vehicle was subject to an instalment sale agreement with the second respondent, who retained ownership until full payment. The agreement expressly prohibited transfer without the bank's written consent, which was not obtained. Any purported donation was executory and, in terms of section 5 of the General Law Amendment Act, required to be in writing and signed, which was not the case. The first respondent failed to prove on a balance of probabilities that…

Source excerpt

  • Instalment Sale Agreement
  • Ownership Transfer
  • Donatio Inter Vivos
  • Executory Donation
  • Section 5 General Law Amendment Act
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Family And Children [2011] ZAWCHC 125

Scholtz v Scholtz (4958/2008)

Scholtz v Scholtz (4958/2008) [2011] ZAWCHC 125; 2012 (1) SA 382 (WCC) (2 February 2011)

Court
Western Cape High Court, Cape Town
Case number
4958/2008
Judge
Le Grange

The court held that the deed of donation failed to comply with section 5(1) of the General Law Amendment Act 50 of 1956 because it did not define the extent of the defendant's ownership, nor did it address the rights of the bondholder. The property was encumbered by a mortgage bond, and the written agreement did not specify how the bond would be dealt with or whether the plaintiff would assume any obligations. The omission created uncertainty and vagueness in the essential terms of the donation. The court found that certainty in transactions involving donations of immovable property requires…

Source excerpt

  • Donation Stante Matrimonio
  • Specific Performance
  • Mortgage Bond Encumbrance
  • Essential Terms Of Contract
  • Invalidity Of Donation
  • Section 5 General Law Amendment Act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.