South Africa Case Law

J.C.K v R.K (38878/200)

J.C.K v R.K (38878/200) [2014] ZAGPPHC 242 (7 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

38878/200

Judge

J W Louw

The court found that the ante-nuptial contract was void ab initio due to both the invalid power of attorney for its registration and the irreconcilable contradiction between clauses 4 and 5 regarding excluded assets. The contract's vagueness rendered it unenforceable, and the marriage was therefore deemed to be in community of property. The court rejected the plaintiff's arguments of ratification and oral agreement, noting that ratification requires knowledge of the defect, which the defendant only acquired during trial. The court also found that the trusts did not acquire any assets relevant…

Source excerpt

• Matrimonial Property Act
• Ante Nuptial Contract
• Community Of Property
• Trusts As Alter Ego
• Division Of Estate

Rees and Others v Harris and Others (A5070/10)

Rees and Others v Harris and Others (A5070/10) [2011] ZAGPJHC 237; 2012 (1) SA 583 (GSJ) (10 November 2011)

Court

South Gauteng High Court, Johannesburg

Case number

A5070/10

Judges

Saldulker, Mayat

High Court appeal about attachment to found jurisdiction: bank account attachments were confirmed, but attachment of Aljebami trust assets was discharged.

• Attachment Ad Fundandam Jurisdictionem
• Piercing Corporate Veil
• Trusts As Alter Ego
• Burden Of Proof
• Prima Facie Case
• Attachment-ad-fundandam-jurisdictionem

Nedbank Ltd v Thorpe (7392/2007)

Nedbank Ltd v Thorpe (7392/2007) [2009] ZAKZPHC 44 (16 September 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7392/2007

Judge

K Pillay

The High Court confirmed final sequestration of Robin Patrick Thorpe’s estate, finding sufficient reason to believe creditors could benefit from a trustee’s investigation.

• Final Sequestration
• Advantage To Creditors
• Insolvency Act Section 12
• Trusts As Alter Ego
• Abuse Of Trust Structure
• Final-sequestration