LIVING TOGETHER: YOUR HOUSE, BUT I PAID FOR THE RENOVATIONS!
R.D.M v M.D.K (8052/2019) [2025] ZALMPPHC 31 (19 February 2025)
In matters relating to immovable property, attorneys are often confronted with disputes that arose after a relationship breaks down. Where parties are unmarried, and never entered into an agreement regarding their shared financial affairs, it is extremely challenging to insist that contributions made in respect of the immovable property by one party can be claimed back. This judgment describes our courts’ approach to resolving these arguments, and serves as a reminder of the importance for cohabitants to seek guidance from an attorney to assist them with a written recordal of their financial relationship.
The judgment can be viewed here
Summary of the Judgment
BODY CORPORATE TERMINATING THE AGREEMENT WITH A MANAGING AGENT
Casablanca Body Corporate v Astrodon (Pty) Ltd and Others (2022/041580) [2025] ZAGPJHC 160 (24 February 2025)
This judgment deals with the hurdles that the trustees of a body corporate had to overcome in order to cancel their agreement with a managing agent. The outcome was successful for the trustees, based on well-known principles relating to the cancellation of agreements. However, the position is slightly different under the Sectional Titles Schemes Management Act, which was passed after the parties in this matter had contracted with each other, and we highlight these in the below judgment summary.
