N v N. N.O (1230/2016) [2017] ZAFSHC 95 (15 June 2017)

N v N. N.O (1230/2016) [2017] ZAFSHC 95 (15 June 2017)

The court found that the plaintiff did not comply with the essential requirements of the Deed of Settlement to become sole owner of the property. She failed to pay the deceased his half share and did not effect transfer of the property into her name. The mere tender of payment years later does not perfect the contract. The defendant's counterclaim for a specific amount was not substantiated by the evidence, as the calculation did not correspond to half of the proceeds held in trust. The court held that the proceeds should be divided equally after payment to the plaintiff of the amount she paid for arrears, as per the contractual obligations in the Deed of Settlement.

Citation
[2017] ZAFSHC 95
Parties
Plaintiff: N. S. N.; Defendant: N. R. N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 June 2017
Case Number
1230/2016
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed. Defendant's counterclaim dismissed. Orders made regarding division of proceeds and costs.
Judges
Reinders
Legal Topics
Division of Joint Estate, Deed of Settlement, Transfer of Property, Arrear Rates and Taxes
Family and Children Land and Property Division of Joint Estate Deed of Settlement Transfer of Property Arrear Rates and Taxes

Case Brief

Summary, issues, holding and outcome

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Parties

N. S. N.

Plaintiff

N. R. N.O.

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff complied with the Deed of Settlement to become sole owner of the property.
  2. 2 Whether the plaintiff is entitled to the full purchase price held in trust, less her tendered payment.
  3. 3 Whether the defendant is entitled to the counterclaimed amount from the proceeds of the sale.

Ratio Decidendi

The court found that the plaintiff did not comply with the essential requirements of the Deed of Settlement to become sole owner of the property. She failed to pay the deceased his half share and did not effect transfer of the property into her name. The mere tender of payment years later does not perfect the contract. The defendant's counterclaim for a specific amount was not substantiated by the evidence, as the calculation did not correspond to half of the proceeds held in trust. The court held that the proceeds should be divided equally after payment to the plaintiff of the amount she paid for arrears, as per the contractual obligations in the Deed of Settlement.

Court Disposition

Plaintiff's claim dismissed. Defendant's counterclaim dismissed. Orders made regarding division of proceeds and costs.

Orders

  • An amount of R21,797.98 from the proceeds held in trust by Krohn Attorneys is to be paid to the plaintiff; the remainder of the net proceeds are to be shared equally between the plaintiff and the defendant.
  • Each party is to pay its own costs.