J.L v W.T.L (69491/2014) [2016] ZAGPPHC 220 (17 March 2016)

J.L v W.T.L (69491/2014) [2016] ZAGPPHC 220 (17 March 2016)

The court found that the evidence of attorney Le Grange and the defendant established that the parties' common intention was for both parties to have a zero starting value for accrual in the ante-nuptial contract. Le Grange's testimony regarding the error in drafting was credible and unchallenged. The requirements for rectification were satisfied, as the written contract did not correctly reflect the parties' true agreement. The court held that paragraph 4 of the ante-nuptial contract should be rectified to delete the plaintiff's starting value and substitute it with 'NUL', and the listed assets should be deleted.

Citation
[2016] ZAGPPHC 220
Parties
Plaintiff: J.L; Defendant: W.T.L
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 March 2016
Case Number
69491/2014
Procedural Posture
Civil Application / Application for Rectification of Ante Nuptial Contract Separated From Divorce Action Under Rule 33(4)
Outcome
Application for rectification granted; paragraph 4 of the ante-nuptial contract rectified; costs awarded against the plaintiff.
Judges
S A M Baqwa
Legal Topics
Rectification of Contract, Ante Nuptial Contract, Mistake in Contract, Separation of Issues
Family and Children Civil Procedure Rectification of Contract Ante Nuptial Contract Mistake in Contract Separation of Issues

Case Brief

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Parties

J.L

Plaintiff

W.T.L

Defendant

Procedural Posture

Civil Application / Application for Rectification of Ante Nuptial Contract Separated From Divorce Action Under Rule 33(4)

Legal Issues

  1. 1 Whether paragraph 4 of the ante-nuptial contract correctly reflects the parties' common intention regarding starting values for accrual.
  2. 2 Whether the ante-nuptial contract should be rectified to reflect a zero starting value for both parties.

Ratio Decidendi

The court found that the evidence of attorney Le Grange and the defendant established that the parties' common intention was for both parties to have a zero starting value for accrual in the ante-nuptial contract. Le Grange's testimony regarding the error in drafting was credible and unchallenged. The requirements for rectification were satisfied, as the written contract did not correctly reflect the parties' true agreement. The court held that paragraph 4 of the ante-nuptial contract should be rectified to delete the plaintiff's starting value and substitute it with 'NUL', and the listed assets should be deleted.

Court Disposition

Application for rectification granted; paragraph 4 of the ante-nuptial contract rectified; costs awarded against the plaintiff.

Orders

  • Paragraph 4 of the ante-nuptial agreement is rectified so that the plaintiff's starting value of 'R5 170 000.00' is deleted and substituted with 'NUL', and the listed assets are deleted.
  • The remainder of the relief sought is postponed sine die.