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Yusuf and Karima were engaged to be married. They celebrated the engagement with a large party at a fancy hotel in Rosebank for all their
Yusuf and Karima were engaged to be married. They celebrated the engagement with a large party at a fancy hotel in Rosebank for all their friends and family members, paid for by Karima's father. At the party Yusuf presented Karima with an expensive diamond engagement ring. The marriage was set to take place on 1 April 2018. By February 2018 the couple had bought a flat where they would live once they were married. They paid a deposit of R200 000 on the flat, which cost R2 000 000 in total. Ownership for the flat was registered in Yusuf's name. Yusuf had bought and installed a new stove and fridge in the renovated kitchen, while Karima had bought new cutlery, crockery and other kitchen equipment worth R15 000 for their new home. Katima contacts you on the 20 March 2018. Three days earlier she received a WhatsApp from Yusuf saying that he felt the need to confess that he had fallen in love with another girl at work, called Wanda. He no longer felt that he could continue with the marriage to Karima, since he had already asked Wanda to marry him. Karima is devastated and wants legal advice on the following issues: Question 1 Was Yusuf legally entitled to end the engagement for the reasons and in the manner he gave? [5] Question 2 Assume, for the purposes of this question, that Yusuf was not legally entitled to end the engagement. Karima wants to know if she has any legal claim against him for loss of the financial benefits she would have derived from the marriage, and for the cost of her wedding dress and deposit paid for the wedding reception, both of which she had already paid by the time the engagement ended. She also want to know who gets the stove and fridge, the kitchen equipment and whether she has to give the engagement ring back to Yusuf. [15] Question 3 For the purposes of this question, assume that Yusuf and Karima had been together for three years before the engagement ended. Each saved a third of their salaries to pay the deposit of the flat. Does Karima have a legal claim to ownership of the flat even though it is registered in Yusuf's name? [7]
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