South Africa Case Law

Yablonek v Thomson (10968/2021)

Yablonek v Thomson (10968/2021) [2025] ZAWCHC 261 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

10968/2021

Judge

Sipunzi

The court found that the applicant was not notified of the trial date and his absence was not intentional or deliberate. The explanation for his default was satisfactory and fell within the scope of Rule 42(1)(a). The delay in bringing the rescission application was explained and not unreasonable, considering the applicant's efforts to secure legal representation and obtain trial documents. The applicant demonstrated prospects of success in his counterclaim, which compensated for the delay. On an objective conspectus of all facts, the requirements for rescission under Rule 42(1)(a) were met,…

Source excerpt

• Rescission Of Judgment
• Wilful Default
• Co Ownership Termination
• Universal Partnership
• Delay In Application

R.D.M v M.D.K (8052/2019)

R.D.M v M.D.K (8052/2019) [2025] ZALMPPHC 31 (19 February 2025)

Court

Limpopo High Court, Polokwane

Case number

8052/2019

Judge

Bresler

The High Court dismissed a claim for a universal partnership, finding the evidence showed cohabitation and shared expenses rather than a joint venture for profit.

• Universal Partnership
• Societas Universorum Bonorum
• Cohabitation
• Division Of Assets
• Onus Of Proof
• Universal-partnership

M.S (nee R) v J.S (32041/2022)

M.S (nee R) v J.S (32041/2022) [2024] ZAGPPHC 1109 (29 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

32041/2022

Judge

Amien

The court found that the main issue to be determined in the divorce action is the division of the matrimonial estate, and that separating the issue of the matrimonial property regime would not materially shorten the proceedings. Any evidence led in the interlocutory application would overlap with the main divorce action, and separation would only serve to delay the finalization of the matter. The court balanced the potential prejudice to both parties and concluded that substantial grounds for separation did not exist, nor would it be convenient or serve the interests of justice. Accordingly,…

Source excerpt

• Matrimonial Property Regime
• Rule 33 4 Separation Of Issues
• Postnuptial Agreement
• Accrual System
• Universal Partnership

Stander v Daly and Others (M521/2022)

Stander v Daly and Others (M521/2022) [2024] ZANWHC 225 (6 September 2024)

Court

North West High Court, Mafikeng

Case number

M521/2022

Judge

J T Djaje

The court granted condonation and referred a dispute about a claimed universal partnership to oral evidence to resolve conflicting facts about maintenance and inheritance.

• Universal Partnership
• Maintenance Claim
• Inheritance Rights
• Interim Interdict
• Dispute Of Fact
• Condonation

K.L.F v D.R.P (13600/2023P)

K.L.F v D.R.P (13600/2023P) [2024] ZAKZPHC 82 (19 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

13600/2023P

Judge

P C Bezuidenhout

The High Court granted security for costs of R75,000 in a domestic-partnership dispute, finding the action was not vexatious and no costs order was warranted.

• Security For Costs
• Domestic Partnership
• Universal Partnership
• Vexatious Litigation
• Cohabitation Agreement
• Security-for-costs

M.M v P.J.M (2016/13852)

M.M v P.J.M (2016/13852) [2024] ZAGPJHC 593 (18 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2016/13852

Judge

Maisela

High Court divorce judgment ordering equal division of a home bought during marriage, despite an antenuptial contract excluding community, accrual and profit and loss.

• Redistribution Order
• Ante Nuptial Contract
• Unjust Enrichment
• Universal Partnership
• Division Of Assets
• Maintenance Of Child

M-B.F.M v H.P.N.P (5182/2022P)

M-B.F.M v H.P.N.P (5182/2022P) [2024] ZAKZPHC 8 (8 February 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5182/2022P

Judge

Pitman

The High Court granted leave to amend particulars of claim in a universal partnership dispute, rejected vagueness and non-joinder objections, and ordered a costs sanction for directive non-compliance.

• Universal Partnership
• Amendment Of Pleadings
• Non Joinder
• Vague And Embarrassing Pleading
• Punitive Costs
• Amendment-of-pleadings

L.L v C.H NO and Others (A018010/2023)

L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A018010/2023

Judges

Opperman, Wilson, Noko

The High Court upheld an appeal declaring a tacit universal partnership between LL and EH and granting LL half of EH’s estate, while removing the executor.

• Universal Partnership
• Cohabitation Rights
• Intestate Succession
• Executor Removal
• Motion Proceedings
• Fiduciary Duties

Pooe v Macheke (72144/18)

Pooe v Macheke (72144/18) [2023] ZAGPPHC 1941 (8 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

72144/18

Judge

Mudau

The High Court found that a long-term cohabiting couple formed a tacit universal partnership and ordered its dissolution with equal division of assets.

• Universal Partnership
• Cohabitation
• Dissolution Of Partnership
• Liquidation Of Assets
• Joint Ownership
• Actio Communi Dividundo

Khumalo v Master of High Court Johannesburg and Another (2023/095270)

Khumalo v Master of High Court Johannesburg and Another (2023/095270) [2023] ZAGPJHC 1158 (9 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/095270

Judge

Thupaatlase

Urgent application dismissed where the applicant failed to prove urgency, a clear right to interdict relief, or harm warranting suspension of a letter of executorship.

• Interim Interdict
• Universal Partnership
• Deceased Estate Administration
• Customary Marriage
• Urgency Requirements
• Costs Award