“BALANCE” DOES NOT ALWAYS SEEM FAIR
Vukeya v Ntshane and Others (518/2019) [2020] ZASCA 167 (11 December 2020)
Where a husband who is married in community of property sells land without the consent or knowledge of his spouse to an unsuspecting purchaser, is the law on the side of the wife or the purchaser?
Insofar as the spouse sought relief against the purchaser, the Matrimonial Property Act provides that a balance between the interests of the non-consenting spouse, on the one hand, and the bona fide third party, on the other, must be achieved. If the purchaser made a reasonable effort to ascertain what the seller’s marital status was, he is entitled to rely thereon and the court will not order cancellation of the sale and transfer. The outcome in this judgment is an illustration on point.
The Judgment
Summary of the Judgment |