D.J.S (Snr) and Others v A.S and Another (2021/4290) [2023] ZALMPPHC 86 (19 September 2023)

D.J.S (Snr) and Others v A.S and Another (2021/4290) [2023] ZALMPPHC 86 (19 September 2023)

The court found that the first respondent is obliged to transfer her shares in Onverdient (Pty) Ltd to the first applicant and to sign papers necessary for transfer of half ownership of Farm Waterval to the second applicant, subject to ministerial approval. The second applicant is entitled to free access to the farm and to an accounting and profit sharing from its income since the divorce. Disputes regarding the loan account, sale of land, and referral to the NDPP involve factual issues unsuitable for resolution on affidavit and are referred to trial. The claim for rental has already been adjudicated and dismissed by another court. The number of nyalas to be delivered cannot be...

Citation
[2023] ZALMPPHC 86
Parties
Applicant: D[...] J[...] S[...] (Snr); Applicant: D[...] J[...] S[...] (Jnr); Applicant: Onverdient (Pty) Ltd; Respondent: A[...] S[...]; Respondent: Triple Options Trading 641 CC
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
19 September 2023
Case Number
2021/4290
Procedural Posture
Urgent Application / Final Judgment After Opposed Application; Certain Issues Referred to Trial
Outcome
Application partly granted; certain claims referred to trial; costs not awarded to either party.
Judges
Ngobeni
Legal Topics
Specific Performance, Settlement Agreement Enforcement, Division of Matrimonial Property, Subdivision of Agricultural Land Act, Accounting and Profit Sharing, Referral to Trial
Civil Procedure Land and Property Family and Children Specific Performance Settlement Agreement Enforcement Division of Matrimonial Property Subdivision of Agricultural Land Act Accounting and Profit Sharing +1 more

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Parties

D[...] J[...] S[...] (Snr)

Applicant

D[...] J[...] S[...] (Jnr)

Applicant

Onverdient (Pty) Ltd

Applicant

A[...] S[...]

Respondent

Triple Options Trading 641 CC

Respondent

Procedural Posture

Urgent Application / Final Judgment After Opposed Application; Certain Issues Referred to Trial

Legal Issues

  1. 1 Whether the first respondent must transfer her shares in Onverdient (Pty) Ltd to the first applicant as per the settlement agreement.
  2. 2 Whether half ownership of Farm Waterval must be transferred to the second applicant, and if so, under what conditions.
  3. 3 Whether the second applicant is entitled to free access to Farm Waterval.

Ratio Decidendi

The court found that the first respondent is obliged to transfer her shares in Onverdient (Pty) Ltd to the first applicant and to sign papers necessary for transfer of half ownership of Farm Waterval to the second applicant, subject to ministerial approval. The second applicant is entitled to free access to the farm and to an accounting and profit sharing from its income since the divorce. Disputes regarding the loan account, sale of land, and referral to the NDPP involve factual issues unsuitable for resolution on affidavit and are referred to trial. The claim for rental has already been adjudicated and dismissed by another court. The number of nyalas to be delivered cannot be...

Court Disposition

Application partly granted; certain claims referred to trial; costs not awarded to either party.

Orders

  • The first respondent is ordered to sign all papers necessary and deliver to the first applicant all documents necessary to transfer all her shares in Onverdient (Pty) Ltd to the first applicant within five days of service of this order, failing which the Sheriff is authorised and directed to sign the relevant...
  • The first respondent is ordered to sign all papers necessary to transfer half the ownership of farms Waterval 1, 2 and 3, Limpopo Province, to the second applicant within five days of presentation of the relevant documents by the applicants and/or their conveyancers' attorneys, failing which the Sheriff is...