29/06/2025 Bertus Preller Costs, Customary Law, Customary Marriages, Motion Proceedings, Plascon Evans Rule, Punitive Cost Orders, Recognition of Customary Marriages Act affidavit conflict, ancestral law, Black Administration Act, civil marriage, customary marriage, customary rites, Deane AJ, estate administration, executor appointment, family law litigation, Germiston, High Court Free State, inheritance law, KwaZulu Natal, legal burden of proof, legal recognition, lobolo, Marital Disputes, marital status dispute, marriage registration, Master of the High Court, matrimonial property, Moloi v Nkosi, motion proceedings, Plascon-Evans rule, QwaQwa, RCMA 120 of 1998, South African Family Law, Zulu marriage customs Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025): Customary Marriage Claims Undone by Motion Proceedings and the Plascon-Evans Rule. The Factual Matrix: Competing Marital Claims and the Legacy of Customary Law At the heart of Moloi v Nkosi and Others (1713/2025) ZAFSHC 153 (15 May 2025) lies a bitter… READ MORE
18/12/2023 Bertus Preller Life Partnerships, Universal Partnership cohabitation rights, estate disputes, estate management, estate rights, Family Law, inheritance law, joint asset ownership, landmark judgment, legal case analysis, legal precedent, legal recognition, LL v CH N.O., non-marital relationships, partnership outside marriage, property sharing, relationship law, South Africa High Court, South African Law, universal partnership Unveiling the Invisible Ties: How a Landmark Case Redefined Universal Partnerships in South Africa. – L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023). Introduction In the case involving LL (Appellant) and CH N.O. (First Respondent) among others, the central issue revolved around the existence of a universal partnership between LL and the late… READ MORE