The Western Cape High Court dealt with an opposed application to terminate joint ownership of immovable property under actio communi dividundo. The court ordered that the joint ownership be terminated and that the applicant may keep the property subject to paying a market related price for the first respondent's half-share, with an alternative sale in the open market if finance is not obtained within 3 months.
This may be relevant to co-ownership disputes involving immovable property and the court's approach to division where one co-owner seeks to retain the property.
Evidence from source
Summary : Termination of joint ownership of immovable property – actio communi dividundo – requirements thereof
Supports: The matter concerns termination of joint ownership under actio communi dividundo.