Khabeer v Sene and Others (2006/56669) [2008] ZAGPHC 453 (22 August 2008)

Khabeer v Sene and Others (2006/56669) [2008] ZAGPHC 453 (22 August 2008)

The court held that the partnership declared to exist between the applicant and the first respondent was not a universorum bonorum partnership, but rather a universorum quae ex quaestu veniunt partnership. The assets of the partnership are limited to those acquired from the profits of the partnership during its subsistence, specifically between 31 August 1996 and 28 September 2005. Assets acquired by either party before the commencement of the partnership are excluded from the partnership estate. The trial court's intention, as reflected in its judgment and order, was that only profits and assets acquired during the partnership period comprise the partnership assets. The authorities cited...

Citation
[2008] ZAGPHC 453
Parties
Applicant: Abdul Moosa Khabeer; Respondent: Tembi Moussoun Sene; Respondent: Jivan Kalianjee Shirishkumar; Respondent: R Bekker
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
22 August 2008
Case Number
2006/56669
Procedural Posture
Civil Application / Interpretation of Prior Judgment/order; Declaratory Relief
Outcome
Application granted. Declaratory relief issued interpreting the scope of partnership assets.
Judges
P.A. Meyer
Legal Topics
Universal Partnership, Interpretation of Court Orders, Declaratory Relief, Liquidation of Partnership Assets
Civil Procedure Family and Children Commercial and Corporate Universal Partnership Interpretation of Court Orders Declaratory Relief Liquidation of Partnership Assets

Case Brief

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Parties

Abdul Moosa Khabeer

Applicant

Tembi Moussoun Sene

Respondent

Jivan Kalianjee Shirishkumar

Respondent

R Bekker

Respondent

Procedural Posture

Civil Application / Interpretation of Prior Judgment/order; Declaratory Relief

Legal Issues

  1. 1 Whether the assets of the universal partnership include assets acquired by the parties before 31 August 1996.
  2. 2 Whether only assets and profits acquired during the partnership period constitute the partnership estate.
  3. 3 What is the correct interpretation of the prior court order regarding partnership assets.

Ratio Decidendi

The court held that the partnership declared to exist between the applicant and the first respondent was not a universorum bonorum partnership, but rather a universorum quae ex quaestu veniunt partnership. The assets of the partnership are limited to those acquired from the profits of the partnership during its subsistence, specifically between 31 August 1996 and 28 September 2005. Assets acquired by either party before the commencement of the partnership are excluded from the partnership estate. The trial court's intention, as reflected in its judgment and order, was that only profits and assets acquired during the partnership period comprise the partnership assets. The authorities cited...

Court Disposition

Application granted. Declaratory relief issued interpreting the scope of partnership assets.

Orders

  • It is declared that the assets of the universal partnership found to exist between the applicant and the first respondent do not include assets acquired by either party before 31 August 1996, and only the estate built up from the profits of the partnership during 31 August 1996 to 28 September 2005 comprises the...
  • The costs of this application, including the costs of senior counsel for the first respondent, are to be costs in the realisation and liquidation of the partnership assets and liabilities.