C.A.S v A.L.S and Others (473/2016) [2018] ZAECPEHC 75 (11 December 2018)

C.A.S v A.L.S and Others (473/2016) [2018] ZAECPEHC 75 (11 December 2018)

The court found that the wording of clause 7.4, specifically the phrase 'whether or not the property is sold,' indicated that the timing for the final payment of R1 000 000,00 was not contingent on the sale of the property. The applicant's accelerated payment of the first two amounts triggered the obligation to make the final payment within six months of the second payment, which occurred on 11 October 2017. The court rejected the applicant's interpretation that the final payment could be delayed until six months after December 2018, holding that the Deed of Settlement required the payments to be made within the specified periods regardless of the sale. The application to set aside the...

Citation
[2018] ZAECPEHC 75
Parties
Applicant: C A S; Respondent: A L S; Respondent: THE REGISTRAR, HIGH COURT, PORT ELIZABETH; Respondent: THE SHERIFF, PORT ELIZABETH SOUTH
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
11 December 2018
Case Number
473/2016
Procedural Posture
Civil Application / Application to Set Aside Writ of Execution
Outcome
Application dismissed with costs.
Judges
Pickering
Legal Topics
Deed of Settlement Interpretation, Writ of Execution, Divorce Settlement, Contractual Obligations
Family and Children Civil Procedure Deed of Settlement Interpretation Writ of Execution Divorce Settlement Contractual Obligations

Case Brief

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Parties

C A S

Applicant

A L S

Respondent

THE REGISTRAR, HIGH COURT, PORT ELIZABETH

Respondent

THE SHERIFF, PORT ELIZABETH SOUTH

Respondent

Procedural Posture

Civil Application / Application to Set Aside Writ of Execution

Legal Issues

  1. 1 What is the correct interpretation of clause 7 of the Deed of Settlement regarding the timing of payments owed by the applicant to the first respondent.
  2. 2 Whether the applicant was obliged to make the final payment of R1 000 000,00 within six months of the second payment, regardless of whether the property was sold.
  3. 3 Whether the accelerated payment of the first two amounts altered the timing for the final payment under clause 7.4.

Ratio Decidendi

The court found that the wording of clause 7.4, specifically the phrase 'whether or not the property is sold,' indicated that the timing for the final payment of R1 000 000,00 was not contingent on the sale of the property. The applicant's accelerated payment of the first two amounts triggered the obligation to make the final payment within six months of the second payment, which occurred on 11 October 2017. The court rejected the applicant's interpretation that the final payment could be delayed until six months after December 2018, holding that the Deed of Settlement required the payments to be made within the specified periods regardless of the sale. The application to set aside the...

Court Disposition

Application dismissed with costs.

Orders

  • The application to set aside the Writ of Execution issued by the Registrar of the High Court, Port Elizabeth on 25 July 2018 is dismissed.
  • The applicant is ordered to pay the costs of the application.