G.T.L v N.E.L (57534/14) [2015] ZAGPPHC 539 (19 June 2015)

G.T.L v N.E.L (57534/14) [2015] ZAGPPHC 539 (19 June 2015)

The court found that the respondent's conduct amounted to obstruction of the sale of the joint immovable property, as contemplated in the settlement agreement. The respondent failed to cooperate with the valuation and sale process, frustrated attempts by the applicant to obtain access for estate agents, and made repeated offers below market value while refusing to facilitate the agreed procedure. Clause 2.1.2.6 of the settlement agreement expressly permits the applicant to approach the court for appointment of a liquidator in the event of obstruction. The court held that the applicant was entitled to the relief sought, namely the appointment of a liquidator and receiver to effect the...

Citation
[2015] ZAGPPHC 539
Parties
Applicant: Grace Thobile Lebusha; Respondent: Nkgele Edward Lebusha
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 June 2015
Case Number
57534/14
Procedural Posture
Urgent Application / Application for Appointment of Liquidator and Receiver to Effect Division of Joint Immovable Property Following Divorce Settlement.
Outcome
Application granted. Liquidator and receiver appointed to effect division and sale of joint immovable property. Costs awarded against respondent.
Judges
Legodi
Legal Topics
Division of Joint Estate, Liquidator Appointment, Settlement Agreement Enforcement, Sale of Immovable Property
Family and Children Land and Property Division of Joint Estate Liquidator Appointment Settlement Agreement Enforcement Sale of Immovable Property

Case Brief

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Parties

Grace Thobile Lebusha

Applicant

Nkgele Edward Lebusha

Respondent

Procedural Posture

Urgent Application / Application for Appointment of Liquidator and Receiver to Effect Division of Joint Immovable Property Following Divorce Settlement.

Legal Issues

  1. 1 Whether the applicant is entitled to approach the court for appointment of a liquidator to divide the joint immovable property.
  2. 2 Whether the respondent's conduct constitutes obstruction of the sale as contemplated in the settlement agreement.
  3. 3 Whether the terms of the settlement agreement permit court intervention in the event of obstruction.

Ratio Decidendi

The court found that the respondent's conduct amounted to obstruction of the sale of the joint immovable property, as contemplated in the settlement agreement. The respondent failed to cooperate with the valuation and sale process, frustrated attempts by the applicant to obtain access for estate agents, and made repeated offers below market value while refusing to facilitate the agreed procedure. Clause 2.1.2.6 of the settlement agreement expressly permits the applicant to approach the court for appointment of a liquidator in the event of obstruction. The court held that the applicant was entitled to the relief sought, namely the appointment of a liquidator and receiver to effect the...

Court Disposition

Application granted. Liquidator and receiver appointed to effect division and sale of joint immovable property. Costs awarded against respondent.

Orders

  • Rynhart Kruger Attorney of 658 Wainright Street, Moreleta Park, Pretoria is appointed as Liquidator and Receiver of the immovable property situated at 1……, Diepkloof, Zone ………., Johannesburg in the joint estate of the parties, to effect division of the proceeds in accordance with the Powers and Duties of Liquidator...
  • The respondent is to pay the costs of this application.