Cook and Another v Bolton and Others (685/13) [2013] ZAKZDHC 3 (14 February 2013)

Cook and Another v Bolton and Others (685/13) [2013] ZAKZDHC 3 (14 February 2013)

The court found that the partnership had been dissolved and that the only asset, the property, had been marketed for nearly a year with only one offer received. The first respondent's objections were not supported by concrete steps to achieve a better outcome, and his refusal to cooperate threatened the sale and prejudiced all partners. Applying the principle that joint owners cannot be compelled to remain in ownership against their will, and that the court may order sale where agreement cannot be reached, the court declared the partnership dissolved and ordered the sale of the property in accordance with the offer to purchase. The court further ordered that all partners must cooperate in...

Citation
[2013] ZAKZDHC 3
Parties
Applicant: Brandon Edward Cook; Applicant: Mark Peter Edwards; Respondent: Dean Richard Bolton; Respondent: Jason Bruwer; Respondent: The Lazy Boy Trust; Respondent: Shiniade Mary Kenworthy
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
14 February 2013
Case Number
685/13
Procedural Posture
Urgent Application / Application for Dissolution of Partnership and Sale of Partnership Asset
Outcome
Application granted. The partnership is declared dissolved and the partnership asset is to be sold in accordance with the offer to purchase.
Judges
Lopes
Legal Topics
Partnership Dissolution, Sale of Partnership Asset, Joint Ownership, Specific Performance
Commercial and Corporate Land and Property Partnership Dissolution Sale of Partnership Asset Joint Ownership Specific Performance

Case Brief

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Parties

Brandon Edward Cook

Applicant

Mark Peter Edwards

Applicant

Dean Richard Bolton

Respondent

Jason Bruwer

Respondent

The Lazy Boy Trust

Respondent

Shiniade Mary Kenworthy

Respondent

Procedural Posture

Urgent Application / Application for Dissolution of Partnership and Sale of Partnership Asset

Legal Issues

  1. 1 Whether the partnership between the applicants and respondents has been dissolved.
  2. 2 Whether the partnership asset should be sold in accordance with the offer to purchase.
  3. 3 Whether the first respondent's objections to the sale justify refusing the application.

Ratio Decidendi

The court found that the partnership had been dissolved and that the only asset, the property, had been marketed for nearly a year with only one offer received. The first respondent's objections were not supported by concrete steps to achieve a better outcome, and his refusal to cooperate threatened the sale and prejudiced all partners. Applying the principle that joint owners cannot be compelled to remain in ownership against their will, and that the court may order sale where agreement cannot be reached, the court declared the partnership dissolved and ordered the sale of the property in accordance with the offer to purchase. The court further ordered that all partners must cooperate in...

Court Disposition

Application granted. The partnership is declared dissolved and the partnership asset is to be sold in accordance with the offer to purchase.

Orders

  • It is declared that the partnership between the applicants and first and second respondents is dissolved.
  • The partnership asset, the property at 3 Brettonwood Lakes, Brettonwood Coastal Estate, is to be sold in accordance with the offer to purchase annexed as annexure 'A'.