Le Roux v Jakovljevic (14/05429) [2019] ZAGPJHC 322 (5 September 2019)

Le Roux v Jakovljevic (14/05429) [2019] ZAGPJHC 322 (5 September 2019)

The court found, on the probabilities and credibility of the evidence, that a tacit universal partnership existed between the parties from 1986 to 18 August 2013, encompassing both their family life and the business. The plaintiff contributed significantly to the partnership through her labour, care of the children, and involvement in the business and beading enterprise. The assets acquired during the partnership, including the Selcourt property, business premises, and business, formed part of the partnership estate. However, given that the defendant had established the business and acquired certain assets prior to the partnership, equity dictated that the plaintiff be awarded 30% of the...

Citation
[2019] ZAGPJHC 322
Parties
Plaintiff: Johanna Elizabeth Le Roux; Defendant: Branmir Jakovljevic
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 September 2019
Case Number
14/05429
Procedural Posture
Civil Trial / Final Judgment
Outcome
Declaratory order granted that a universal partnership existed between the parties from June 1986 to 18 August 2013. Plaintiff awarded 30% of the net asset value of partnership assets as at 18 August 2013. Defendant ordered to pay plaintiff R594,000 plus interest and costs on attorney and client scale.
Judges
I Opperman
Legal Topics
Universal Partnership, Cohabitation, Division of Assets, Tacit Agreement, Equitable Apportionment, Customary Marriage
Family and Children Civil Procedure Commercial and Corporate Universal Partnership Cohabitation Division of Assets Tacit Agreement Equitable Apportionment +1 more

Case Brief

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Parties

Johanna Elizabeth Le Roux

Plaintiff

Branmir Jakovljevic

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether a universal partnership existed between the parties during their cohabitation period.
  2. 2 Whether the assets acquired during the relationship formed part of the universal partnership.
  3. 3 What proportion of the partnership assets the plaintiff is entitled to upon dissolution.

Ratio Decidendi

The court found, on the probabilities and credibility of the evidence, that a tacit universal partnership existed between the parties from 1986 to 18 August 2013, encompassing both their family life and the business. The plaintiff contributed significantly to the partnership through her labour, care of the children, and involvement in the business and beading enterprise. The assets acquired during the partnership, including the Selcourt property, business premises, and business, formed part of the partnership estate. However, given that the defendant had established the business and acquired certain assets prior to the partnership, equity dictated that the plaintiff be awarded 30% of the...

Court Disposition

Declaratory order granted that a universal partnership existed between the parties from June 1986 to 18 August 2013. Plaintiff awarded 30% of the net asset value of partnership assets as at 18 August 2013. Defendant ordered to pay plaintiff R594,000 plus interest and costs on attorney and client scale.

Orders

  • It is declared that a universal partnership existed between the parties during the period June 1986 and 18 August 2013.
  • It is declared that the following assets formed part of the universal partnership: the Selcourt property, the business premises, and Batos Radio & TV.