Lecture 10 Cases

Question 1

Lydenburg Passenger Services

Question 2

Visser v Hull

Answer 2

Property sold below market value, the difference between market value and v

Question 3

ABSA v Lydenburg Passenger Services

Answer 3

If act is contrary to consent the act is void

Question 4

Marais Makhoza case

Answer 4

Mrs Broodie got back the money

Question 5

Odendaal case

Question 6

Thomas v Thomas

Answer 6

The court ruled that prima facie amount can
be challenged and proven as incorrect by any
interested party and not just third parties.

Question 7

TN v NN and Others

Answer 7

This decision concurred with the decision in
Thomas.
➢ The majority of the authority would thus
seem to support the view that
commencement values that were declared
in a marriage contract can be disputed

Question 8

Conflicts as Result of an Antenuptial Contract
▪ JK v RK; Bath v Bath; RM v BM

Question 9

Section 5(1)

Answer 9

Any inheritance, legacy or donation which accrues to a spouse during the subsistence of the union does not form part of the accrual except if spouses agreed otherwise in their marriage

Question 10

AB v JB

Answer 10

1) The Supreme Court of Appeal finally resolved the dispute regarding the moment upon which the net end value is to be determined for purposes of calculating
the accrual claim.
2) The SCA held that the time when a right comes into existence is determinative in calculating its value, and section 3 of the MPA is clear and unambiguous that a
spouse acquires a right to claim in terms of the accrual system at the dissolution of a marriage
NB: The claim for accrual only arises
at the dissolution of the marriage, the claim for accrual can only be instituted once the divorce order is granted.
Thus, this would lead to the need for two separate applications for divorce and accrual division

Question 11

TN v NN and Others

Answer 11

1) The court ruled that the two applications could be combined, and the accrual division is instead merely conditioned on the granting of the divorce order being
granted.

Question 12

Cumming v Cumming

Answer 12

One party donated a house to the other party.
▪ The court found that a reversionary clause making
divorce the resolutive condition is not in conflict with
public policy, as it will not necessarily lead to the
breakdown of the marriage

Question 13

Ex Parte Engelbrecht et Uxor

Answer 13

Sound reasons can be described as facts
that are convincing, valid and anchored to
reality.
* The creditors of the spouses must have received
sufficient notice of the application for change.
* No other person must be prejudiced by the
proposed change.

Question 13

Honey v Honey

Answer 13

1) They must use procedure provided in section 21.
2) Should the parties attempt to change in an informal manner, the change is invalid.