- Flynote
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Matrimonial Property Act 88 of 1984 – ss 15(2)(a) and 15(9)(a) – spouses married in community of property – sale and registration of immovable property sold by one spouse without the consent of the other spouse – the non-contracting spouse deemed to have consented to the sale because the third party did not know and could not reasonably have known that the first respondent’s consent was lacking – appeal upheld.
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Cited documents 6
Judgment 4
- Bothma-Batho Transport (Edms) Bpk v S Bothma & Seun Transport (Edms) Bpk (802/2012) [2013] ZASCA 176 (28 November 2013)
- Marais NO and Another v Maposa and Others (642/2018) [2020] ZASCA 23 (25 March 2020)
- Mulaudzi v Mudau and Others (1034/2019) [2020] ZASCA 148 (18 November 2020)
- Natal Joint Municipal Pension Fund v Endumeni Municipality (920/2010) [2012] ZASCA 13 (16 March 2012)