Fischer v Ubomi Ushishi Trading (Pty) Ltd and Others

The appellant sued the first and second respondents for payment of R566 500 based on an acknowledgement of debt and a suretyship. The second and third respondents were married in community of property and jointly owned immovable property. Their marriage was dissolved by divorce in December 2012, incorporating a settlement agreement in which the husband (second respondent) waived his half share in the property in favour of the wife (third respondent). No transfer was registered in the Deeds Registry. The parties later remarried out of community of property and divorced again in 2015. The appellant sought to have the second respondent’s alleged half share in the property declared executable. The third respondent opposed the application, claiming full ownership. The High Court dismissed the application, holding that ownership vested in the third respondent upon divorce. The appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed, and full ownership of the property was awarded to the third respondent. The appellant’s attempt to declare the property executable failed.

The case clarifies South African law on the effect of divorce settlement agreements on ownership of immovable property, confirming that registration is required for the transfer of real rights. It resolves conflicting High Court authority and affirms the centrality of the Deeds Registries Act in land ownership.