Maree NO v Griesel (A106/2012) [2012] ZAFSHC 227 (6 December 2012)

Maree NO v Griesel (A106/2012) [2012] ZAFSHC 227 (6 December 2012)

The court held that the respondent's obligation to pay rental for the period in question arose from the lease agreement at its inception, and was contractually 'owing' to the deceased, even if not yet payable at the date of death. Clause 3.2 of the will, interpreted in light of the deceased's intention and the ordinary meaning of 'owing', applied to such debts. The deceased intended to discharge debts owed to her at death, including future rental obligations. The appellant's argument that only debts both owing and payable at death were discharged was rejected as artificial and inconsistent with the testament's wording and purpose. The appeal was dismissed, and the respondent was not...

Citation
[2012] ZAFSHC 227
Parties
Appellant: Johannes Petrus Wilhelmus Maree N.O.; Respondent: Leon Gerrit Griesel
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 December 2012
Case Number
A106/2012
Procedural Posture
Civil Appeal / Full Bench Appeal From the Free State High Court, Following Leave Granted by the Supreme Court of Appeal.
Outcome
Appeal dismissed with costs, including costs of applications for leave to appeal to both the court a quo and the Supreme Court of Appeal.
Judges
J.P. Daffue, C.H.G. van der Merwe, S.J. Thamage
Legal Topics
Lease Agreement, Testamentary Interpretation, Executor Liability, Special Conditions in Contract, Debt Discharge
Land and Property Civil Procedure Lease Agreement Testamentary Interpretation Executor Liability Special Conditions in Contract Debt Discharge

Case Brief

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Parties

Johannes Petrus Wilhelmus Maree N.O.

Appellant

Leon Gerrit Griesel

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal From the Free State High Court, Following Leave Granted by the Supreme Court of Appeal.

Legal Issues

  1. 1 Whether the respondent was liable to pay rental for the period 1 March 2008 to 31 August 2008 to the executor of the deceased's estate.
  2. 2 Whether clause 3.2 of the deceased's will discharged the respondent from his obligation to pay rental after the death of the lessor.
  3. 3 Whether the rental was 'owing' or 'payable' at the date of death for the purposes of the testamentary bequest.

Ratio Decidendi

The court held that the respondent's obligation to pay rental for the period in question arose from the lease agreement at its inception, and was contractually 'owing' to the deceased, even if not yet payable at the date of death. Clause 3.2 of the will, interpreted in light of the deceased's intention and the ordinary meaning of 'owing', applied to such debts. The deceased intended to discharge debts owed to her at death, including future rental obligations. The appellant's argument that only debts both owing and payable at death were discharged was rejected as artificial and inconsistent with the testament's wording and purpose. The appeal was dismissed, and the respondent was not...

Court Disposition

Appeal dismissed with costs, including costs of applications for leave to appeal to both the court a quo and the Supreme Court of Appeal.

Orders

  • The appeal is dismissed with costs, which include the costs of the applications for leave to appeal to the court a quo and to the Supreme Court of Appeal.