Africa-Press – South-Africa. The Gauteng High Court dismissed, with costs, the application of a Johannesburg man who sought to claim ownership of two properties of his late, long-term partner.
Lutz Lamphrecht alleged that he was in a 46-year relationship with the late Eva Hedwig Horn. He alleged their relationship started in 1970 and ended in July 2016, when she died.
In his application, Lamphrecht claimed that he and Horn lived as a married couple, who jointly owned and maintained their Westcliff and Montgomery Park properties.
He alleged that he sold his Auckland Park home in 1982 to buy the Westcliff property, with Horn.
However, this property is registered only in Horn’s name – and he did not produce documentary or other evidence in court to prove the sale of the Auckland Park property.
The Westcliff and Montgomery Park properties are worth R1 million and R2 million respectively.
He alleged that he contributed financially and otherwise to the renovation and development of both properties.
The couple had an extramarital affair while Horn was still married, in community of property, to her husband, Horst.
Horn and her husband were property developers and jointly owned a company. Their marriage broke down when Horst pursued business overseas and settled in Germany.
Horn’s only daughter, Caprice, opposed Lamphrecht’s application, and disputed that he had spent money renovating the Westcliff and Montgomery Park properties.
She denied that her mother and Lamphrecht lived like a married couple.
She said Eva “despised” the way Lamphrecht treated her.
According to Caprice, her mother felt that Lamphrecht wanted her money.
She claimed that her parents were in an open relationship and were involved in extramarital affairs. She said her mother and Lamphrecht’s relationship was not exclusive.
Judge Thifhelimbilu Mudau ruled that Lamphrecht failed to produce sufficient evidence to support his claims. He cited an alleged affidavit in which Horn confirmed that she and Lamphrecht “lived as husband and wife”.
“The applicant’s reliance on the purported affidavit is misplaced and of no assistance. The alleged affidavit does not comply with the requirements as set out in regulations governing the administering of an oath or affirmation,” Mudau wrote in the judgment.
Mudau said Caprice alleged that her mother refused to sign a will agreement prepared by Lamphrecht.
“Furthermore, Caprice alleges that the applicant went as far as attempting to coerce Eva’s neighbour, Wilfred Burgener, to agree to sign as a witness to the prepared will of the deceased in her absence,” reads the ruling.
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