Vithana v. Jane Nona – sllr 1988 volume 1 page 283

In Vithana v. Jane Nona, the court addressed the issue of whether property acquired prior to marriage formed part of the community of goods in the absence of an ante-nuptial contract, and whether a post-mortem sale of the property by the surviving spouse was valid in law. It was held that property acquired by Amaris before marriage entered the community under Roman-Dutch law and the Matrimonial Rights and Inheritance Ordinance of 1876, and that a surviving husband could only dispose of his half share after the termination of the community upon his wife’s death; the attempted sale of the entire property was therefore defective to the extent of the family’s shared interest. The principle was reaffirmed that acts by a surviving spouse must be for the benefit of the community, and the interest