Meeding v Hoer Tegniese Skool Sasolburg (A134/2011) [2012] ZAFSHC 137 (2 August 2012)

Meeding v Hoer Tegniese Skool Sasolburg (A134/2011) [2012] ZAFSHC 137 (2 August 2012)

The court found that the application for leave to appeal was based on a fundamental misinterpretation of the dicta and findings in Fishoek Primary School v GW. Upon reconsideration of all arguments, the court was convinced that not only was there no reasonable prospect that another court would reach a different conclusion, but the opposite was true. The applicant remained jointly and severally liable for the school fees, as the divorce order did not absolve her of liability towards the school, which was not a party to the divorce proceedings. The application for leave to appeal was therefore dismissed with costs.

Citation
[2012] ZAFSHC 137
Parties
Applicant: M M Meeding; Respondent: Hoer Tegniese Skool Sasolburg
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 August 2012
Case Number
A134/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following Unsuccessful Appeal From Magistrate's Court.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Hancke, Jordaan
Legal Topics
Leave to Appeal, School Fees Liability, Costs Orders, Divorce Decree Interpretation
Civil Procedure Family and Children Leave to Appeal School Fees Liability Costs Orders Divorce Decree Interpretation

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Parties

M M Meeding

Applicant

Hoer Tegniese Skool Sasolburg

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following Unsuccessful Appeal From Magistrate's Court.

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion regarding the applicant's liability for school fees.
  2. 2 Whether the applicant, as the mother of the child and divorced from the father who was ordered to pay school fees, is jointly and severally liable for the fees.
  3. 3 Whether the previous courts erred in finding joint and several liability for school fees despite the divorce order.

Ratio Decidendi

The court found that the application for leave to appeal was based on a fundamental misinterpretation of the dicta and findings in Fishoek Primary School v GW. Upon reconsideration of all arguments, the court was convinced that not only was there no reasonable prospect that another court would reach a different conclusion, but the opposite was true. The applicant remained jointly and severally liable for the school fees, as the divorce order did not absolve her of liability towards the school, which was not a party to the divorce proceedings. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • This judgment and the previous appeal judgment must be personally served on the applicant by her attorneys via the sheriff, and proof of service must be submitted to this court without delay.
  • The application for leave to appeal is dismissed with costs.