B v B (21175/2013) [2018] ZAWCHC 131 (10 October 2018)

B v B (21175/2013) [2018] ZAWCHC 131 (10 October 2018)

The court held that the prior valuation of the husband's farms by Fortuin J in November 2016 was not res judicata for the purposes of the accrual calculation at the date of divorce. The accrual must be calculated as at the date of dissolution, and any proven appreciation in the value of the farms between 21 November 2016 and 7 September 2018 is relevant and not precluded by the earlier order. The wife is entitled to adduce further evidence regarding the value of the farms at the date of divorce, and her experts must be granted reasonable access to the properties for valuation purposes. The husband's undertaking to notify the wife of any offers to purchase the farms is made an order of...

Citation
[2018] ZAWCHC 131
Parties
Applicant: A B; Respondent: J B
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 October 2018
Case Number
21175/2013
Procedural Posture
Civil Application / Post Divorce Interlocutory Applications; Determination of Res Judicata and Access for Expert Valuation
Outcome
Declaratory order granted that appreciation in the value of the farms between 21 November 2016 and 7 September 2018 is not res judicata; access for expert valuation granted; undertaking regarding offers to purchase made an order of court; costs reserved; priority for further proceedings directed.
Judges
P.A.L.Gamble
Legal Topics
Accrual System, Matrimonial Property Act, Res Judicata, Expert Valuation Access, Maintenance Order, Separation of Issues
Family and Children Civil Procedure Land and Property Accrual System Matrimonial Property Act Res Judicata Expert Valuation Access Maintenance Order +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A B

Applicant

J B

Respondent

Procedural Posture

Civil Application / Post Divorce Interlocutory Applications; Determination of Res Judicata and Access for Expert Valuation

Legal Issues

  1. 1 Whether the prior valuation of the husband's farms by Fortuin J is res judicata for the accrual calculation at the date of divorce.
  2. 2 Whether the wife is entitled to have the farms revalued as at the date of divorce for purposes of accrual calculation.
  3. 3 Whether the wife is entitled to access for her experts to the farms for valuation.

Ratio Decidendi

The court held that the prior valuation of the husband's farms by Fortuin J in November 2016 was not res judicata for the purposes of the accrual calculation at the date of divorce. The accrual must be calculated as at the date of dissolution, and any proven appreciation in the value of the farms between 21 November 2016 and 7 September 2018 is relevant and not precluded by the earlier order. The wife is entitled to adduce further evidence regarding the value of the farms at the date of divorce, and her experts must be granted reasonable access to the properties for valuation purposes. The husband's undertaking to notify the wife of any offers to purchase the farms is made an order of...

Court Disposition

Declaratory order granted that appreciation in the value of the farms between 21 November 2016 and 7 September 2018 is not res judicata; access for expert valuation granted; undertaking regarding offers to purchase made an order of court; costs reserved; priority for further proceedings directed.

Orders

  • It is declared that any proven appreciation in the values of the farms 'Luipaardskloof' and 'De Turon' between 21 November 2016 and 7 September 2018 is not res judicata.
  • The percentage to be applied regarding any such proven appreciation is to be agreed upon between the parties, failing which evidence is to be adduced at the continuation of the divorce trial.