Mothupi v Mothupi (1664/2018) [2019] ZAFSHC 231 (5 December 2019)

Mothupi v Mothupi (1664/2018) [2019] ZAFSHC 231 (5 December 2019)

The respondent failed to comply with clause 5.2.4 of the Deed of Settlement by not ensuring the motor vehicle was registered in the applicant's name, and no sufficient explanation was provided for this non-compliance. The applicant is entitled to relief in respect of this aspect. However, regarding the outstanding purchase price of the immovable property, the Deed of Settlement provides specific remedies for non-compliance, which the applicant did not invoke before launching this application. Therefore, the application for payment of the purchase price is premature and cannot succeed. There is insufficient evidence to support the claim regarding non-payment of rates and taxes. Each party...

Citation
[2019] ZAFSHC 231
Parties
Applicant: Paballo Tabitha Mothupi; Respondent: Ben Francis Mothupi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 December 2019
Case Number
1664/2018
Procedural Posture
Civil Application / Final Judgment
Outcome
Partially granted and partially dismissed.
Judges
M A Mathebula
Legal Topics
Enforcement of Settlement Agreement, Transfer of Property, Costs Order
Civil Procedure Family and Children Enforcement of Settlement Agreement Transfer of Property Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Paballo Tabitha Mothupi

Applicant

Ben Francis Mothupi

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent has complied with the Deed of Settlement incorporated into the Court Order.
  2. 2 Whether the respondent is obliged to sign documentation to transfer the motor vehicle to the applicant.
  3. 3 Whether the respondent is liable for outstanding rates and taxes on the immovable property.

Ratio Decidendi

The respondent failed to comply with clause 5.2.4 of the Deed of Settlement by not ensuring the motor vehicle was registered in the applicant's name, and no sufficient explanation was provided for this non-compliance. The applicant is entitled to relief in respect of this aspect. However, regarding the outstanding purchase price of the immovable property, the Deed of Settlement provides specific remedies for non-compliance, which the applicant did not invoke before launching this application. Therefore, the application for payment of the purchase price is premature and cannot succeed. There is insufficient evidence to support the claim regarding non-payment of rates and taxes. Each party...

Court Disposition

Partially granted and partially dismissed.

Orders

  • The respondent is ordered to comply with paragraph 5.2.4 of the Deed of Settlement on or before 5 February 2020.
  • If the respondent does not comply with paragraph 10.1, the Sheriff of the Court, Bloemfontein East is authorized to sign on his behalf.