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South Africa Case Law

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Family And Children [2015] ZAGPJHC 259

A v A (2013/00875)

A v A (2013/00875) [2015] ZAGPJHC 259 (20 November 2015)

The court found that a universal partnership existed between the parties from 1994 until their separation, based on their joint contributions to business ventures and property acquisitions. The evidence established that both parties brought assets, labour, and skill into the partnership, and their activities were conducted for their joint benefit with the object of making a profit. The court excluded the inherited properties and sewing machines from the partnership estate, as there was no evidence of intention to include them as partnership assets. The Holt Street Guesthouse, although registe…

  • Universal Partnership
  • Division Of Estate
  • Trust Piercing
  • Separation Of Issues
  • Insolvency Act
  • Public Policy
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Family And Children [2014] ZAGPJHC 245

T v T (2010/02268)

T v T (2010/02268) [2014] ZAGPJHC 245 (19 September 2014)

The court found that the plaintiff and defendant agreed to share their emotional and financial futures equally, and that the trust was created as a vehicle for joint benefit, not as a separate entity to exclude the defendant. The trust was under the de facto control of the plaintiff, who manipulated its assets and financial affairs for his own benefit and that of the family, with the other trustee being supine. The trust deed allowed the plaintiff to nominate beneficiaries at will, and the trust assets were used by both parties as if they were their own. The court held that the circumstances…

  • Community Of Property
  • Trust Piercing
  • Division Of Joint Estate
  • Beneficial Ownership
  • Procedural Fairness
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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.