N v L (1860/2012) [2015] ZAFSHC 73 (16 March 2015)

N v L (1860/2012) [2015] ZAFSHC 73 (16 March 2015)

The court found that the 2006 agreement was intended as an amendment to the 2004 settlement agreement, which required any amendment to be signed by both parties and made an order of court to be valid. The plaintiff, represented by her attorney, could and should have known this requirement by exercising reasonable care. Her failure to act timeously and seek to have the 2006 agreement made an order of court resulted in her claim prescribing under the Prescription Act. The court rejected the defendant's defence of misrepresentation, finding the plaintiff a credible witness and the defendant's version unconvincing. However, the fatal flaw in the plaintiff's case was prescription, as her right...

Citation
[2015] ZAFSHC 73
Parties
Plaintiff: T[...] N[...]; Defendant: F[...] L[...]
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 March 2015
Case Number
1860/2012
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed with costs.
Judges
Daffue R
Legal Topics
Modification of Settlement Agreement, Prescription Act, Division of Property, Contractual Validity, Maintenance Claim, Enforceability of Settlement
Family and Children Civil Procedure Commercial and Corporate Modification of Settlement Agreement Prescription Act Division of Property Contractual Validity Maintenance Claim +1 more

Case Brief

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Parties

T[...] N[...]

Plaintiff

F[...] L[...]

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the 2004 settlement agreement between the parties was validly amended by the 2006 written agreement.
  2. 2 Whether the 2006 agreement is enforceable as a court order.
  3. 3 Whether the plaintiff's claim for monthly payments of R6,000.00 is prescribed under the Prescription Act.

Ratio Decidendi

The court found that the 2006 agreement was intended as an amendment to the 2004 settlement agreement, which required any amendment to be signed by both parties and made an order of court to be valid. The plaintiff, represented by her attorney, could and should have known this requirement by exercising reasonable care. Her failure to act timeously and seek to have the 2006 agreement made an order of court resulted in her claim prescribing under the Prescription Act. The court rejected the defendant's defence of misrepresentation, finding the plaintiff a credible witness and the defendant's version unconvincing. However, the fatal flaw in the plaintiff's case was prescription, as her right...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.