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South Africa decisions
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Strydom N.O v Jennings and Another (66445/2020) [2025] ZAGPPHC 636 (19 June 2025)
The High Court held that Dr Jennings’ death ended the marriage and joint ownership of the properties, dismissed consolidation with the divorce case, and made the draft order an order of court.
K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024)
The High Court terminated joint ownership of an ex-spouses’ property, held the applicant was entitled to half, and ordered sale by private treaty with equal division of proceeds.
L.Z (Previously R) v L.J.Z (071537/2024) [2024] ZAGPPHC 852 (27 August 2024)
The court found that the applicant's claims for maintenance and contribution to legal costs were reasonable and supported by the evidence of the parties' respective financial positions. The respondent's arguments regarding the prematurity of the legal costs application and limitations on certain expenses were not supported by law or fact. The applicant demonstrated a genuine need for relief, particularly given the special circumstances of the children and the respondent's substantial income and lifestyle. The respondent's willingness to accept most of the demands indicated no intent to shirk…
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N.M v M.M and Another (2023/008561) [2024] ZAGPJHC 674 (24 July 2024)
The court granted an actio communi dividundo application, terminating joint ownership of the former matrimonial home and allowing the applicant to buy out the respondent’s share.
Marogoa v Marogoa and Others (101/2022) [2023] ZAFSHC 17 (24 January 2023)
High Court ordered termination of joint ownership of inherited immovable properties and directed sale by public auction, with proceeds split equally and costs against the respondents.
Britz v Sequeira (5071/2018) [2020] ZAFSHC 81; [2020] 2 All SA 415 (FB) (20 March 2020)
Although the general rule is that every co-owner is entitled to termination of joint ownership, the court found that the complex and intertwined financial relationships between the parties, including unresolved claims in the Pretoria High Court regarding close corporation interests and loan accounts, would render immediate termination unjust and inequitable. The respondent would be prejudiced if the property were sold before his claims are resolved, as he lacks the financial means to purchase the applicant's share or bid at auction. The alleged lifelong right of habitatio was dismissed as leg…
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P.B.M v D.E.M and Others (15754/2015) [2018] ZAGPPHC 944 (4 December 2018)
The High Court terminated joint ownership of a Pretoria property, rectified the sale agreement to remove references to the first defendant and an alleged customary marriage, and ordered transfer to the plaintiff.
Mohamed N.O. v Hassan and Others (4134/2015) [2015] ZAFSHC 234 (3 December 2015)
The High Court dismissed an executor’s application to terminate joint ownership and sell estate property, finding inadequate asset tracing, non-joinder, and a questionable appointment.
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