Jacobs v Scott (17228/00) [2004] ZAGPHC 26 (1 April 2004)

Jacobs v Scott (17228/00) [2004] ZAGPHC 26 (1 April 2004)

The court held that the warranty in clause 2.13 of the settlement agreement related to the existence and status of the insurance policies, not to their present paid up values as recorded in Annexure C. The values in the schedule were not warranted and served only as descriptions. The plaintiff is entitled to the full value of the two Momentum Life policies as at the date of divorce, calculated on the basis that the policies remained intact and premiums were paid from inception to the date of divorce. The defendant is ordered to pay the plaintiff's costs for the day.

Citation
[2004] ZAGPHC 26
Parties
Plaintiff: Elsie Maria Magdalena Jacobs; Defendant: L Scott
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
1 April 2004
Case Number
17228/00
Procedural Posture
Specific Performance Action / Post Divorce Settlement Enforcement
Outcome
Judgment for the plaintiff. The plaintiff is entitled to the full value of the two Momentum Life policies as at the date of divorce. The defendant is to pay the plaintiff's costs for the day.
Judges
Willis
Legal Topics
Specific Performance, Interpretation of Settlement Agreement, Insurance Policy Entitlements
Family and Children Civil Procedure Specific Performance Interpretation of Settlement Agreement Insurance Policy Entitlements

Case Brief

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Parties

Elsie Maria Magdalena Jacobs

Plaintiff

L Scott

Defendant

Procedural Posture

Specific Performance Action / Post Divorce Settlement Enforcement

Legal Issues

  1. 1 Whether the defendant warranted the present paid up value of the insurance policies or merely their existence and status as current, unpaid up, unsurrendered, and unborrowed against policies.
  2. 2 Whether the plaintiff is entitled to the full value of the two Momentum Life policies as at the date of divorce.
  3. 3 Who should bear the costs of the present action.

Ratio Decidendi

The court held that the warranty in clause 2.13 of the settlement agreement related to the existence and status of the insurance policies, not to their present paid up values as recorded in Annexure C. The values in the schedule were not warranted and served only as descriptions. The plaintiff is entitled to the full value of the two Momentum Life policies as at the date of divorce, calculated on the basis that the policies remained intact and premiums were paid from inception to the date of divorce. The defendant is ordered to pay the plaintiff's costs for the day.

Court Disposition

Judgment for the plaintiff. The plaintiff is entitled to the full value of the two Momentum Life policies as at the date of divorce. The defendant is to pay the plaintiff's costs for the day.

Orders

  • The plaintiff is entitled to the full value of Momentum Life policies UL6968275 and UL5301916 as at 6 August 1993, calculated on the basis that the policies remained intact and premiums were paid from inception to date of divorce, with values of R41 445 and R145 364 respectively.
  • The defendant is to pay the plaintiff's costs of today in this action.