L.E.N v P.N.N and Another (54017/2020) [2022] ZAGPPHC 938 (30 November 2022)

L.E.N v P.N.N and Another (54017/2020) [2022] ZAGPPHC 938 (30 November 2022)

The applicant is entitled to the remaining pension benefits held under preservation order as per the decree of divorce granted by the Kempton Park Regional Court. The divorce order is clear and unambiguous in directing that 50% of the preserved pension benefit be paid to the applicant. The first respondent's argument that the application is premature is rejected, as the Regional Court is functus officio and the matter is res judicata. The applicant has demonstrated a clear right to the pension benefit, an injury in the form of denial of her right, and the absence of any other remedy. The second respondent is properly joined and must pay the preserved pension benefits to the applicant. The...

Citation
[2022] ZAGPPHC 938
Parties
Applicant: L.E.N; Respondent: P.N.N; Respondent: Nedcor Bank t/a Nedbank
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 November 2022
Case Number
54017/2020
Procedural Posture
Declaratory Application / Final Judgment
Outcome
Application granted in full.
Judges
Mncube
Legal Topics
Division of Joint Estate, Pension Interest, Declaratory Relief, Mandamus, Costs Award
Family and Children Civil Procedure Division of Joint Estate Pension Interest Declaratory Relief Mandamus Costs Award

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Parties

L.E.N

Applicant

P.N.N

Respondent

Nedcor Bank t/a Nedbank

Respondent

Procedural Posture

Declaratory Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to the remaining pension benefits held under preservation order as per the decree of divorce.
  2. 2 Whether the second respondent should be joined in the main application.
  3. 3 Whether the second respondent must pay the preserved pension benefits to the applicant.

Ratio Decidendi

The applicant is entitled to the remaining pension benefits held under preservation order as per the decree of divorce granted by the Kempton Park Regional Court. The divorce order is clear and unambiguous in directing that 50% of the preserved pension benefit be paid to the applicant. The first respondent's argument that the application is premature is rejected, as the Regional Court is functus officio and the matter is res judicata. The applicant has demonstrated a clear right to the pension benefit, an injury in the form of denial of her right, and the absence of any other remedy. The second respondent is properly joined and must pay the preserved pension benefits to the applicant. The...

Court Disposition

Application granted in full.

Orders

  • It is declared that the applicant is entitled to the remaining pension benefits held under preservation order under case 24479/22 as per the decree of divorce granted by the Kempton Park Regional Court on 18 March 2020.
  • The second respondent is joined in the main application instituted by the applicant under case 54017/2022.