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South Africa Case Law

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Land And Property [2013] ZAECGHC 1

Vorster and Others v Vorster and Others (CA366/2011)

Vorster and Others v Vorster and Others (CA366/2011) [2013] ZAECGHC 1 (10 January 2013)

Court
Eastern Cape High Court, Grahamstown
Case number
CA366/2011
Judges
N Dambuza, D Chetty, N G Beshe

The court held that the sale agreement, when read as a whole, sufficiently described the subject matter as a 1/3 undivided share in the property, satisfying the requirements of section 2 of the Alienation of Land Act. Clause 18 of the agreement clarified the intention of the parties and the context of the sale. The court found that co-owners have an unrestricted right to alienate their share in property, and the respondents' claim under actio communi dividundo did not entitle them to block the sale or dictate the terms. The respondents were given a right of first refusal, which they declined,…

Source excerpt

  • Alienation Of Land Act
  • Undivided Shares
  • Co Ownership
  • Actio Communi Dividundo
  • Urgent Interdict
  • Description Of Property
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Land And Property [2005] ZASCA 18

Rhode v Stubbs (038/2004)

Rhode v Stubbs (038/2004) [2005] ZASCA 18; 2005 (5) SA 104 (SCA) (29 March 2005)

Court
Supreme Court of Appeal
Case number
038/2004
Judges
Conradie, Mpati, Cameron, Mthiyane, Brand

The Supreme Court of Appeal held that the joint will of Attie and Lettie Williams did not result in a merger of their estates. The wording of the will, when read as a whole, did not clearly indicate an intention to merge the estates or to restrict the testamentary freedom of the survivor. The presumption against merger applied, and the relevant clauses were interpreted as each testator disposing only of their own undivided half share in the properties. Consequently, Lettie Williams was entitled to bequeath her undivided half share in the properties as she wished. The respondent, Sarah Dorothy…

Source excerpt

  • Joint Wills
  • Succession
  • Estate Merger
  • Interpretation Of Wills
  • Undivided Shares
  • Occupational Rights
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About this LexChat collection

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.