N.A.N v S.S.N (87731/2019) [2021] ZAGPPHC 413 (7 June 2021)

N.A.N v S.S.N (87731/2019) [2021] ZAGPPHC 413 (7 June 2021)

The court found that the parties are joint owners of the immovable property and that the applicant is entitled to seek division of the joint estate. The respondent's delay in complying with the settlement agreement justified the applicant's approach to court. The requirements for the appointment of a liquidator were satisfied, and the court exercised its discretion to appoint a liquidator, with a suspension of the appointment to allow the respondent a final opportunity to pay the applicant from his pension benefits. Costs were awarded on a party and party scale, not attorney and client, as the respondent's opposition was not unreasonable.

Citation
[2021] ZAGPPHC 413
Parties
Applicant: N A N; Respondent: S S N
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 June 2021
Case Number
87731/2019
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted with suspension of the liquidator's appointment to allow respondent to pay applicant; costs awarded on party and party scale.
Judges
C.B. Bhoola
Legal Topics
Division of Joint Estate, Actio Communi Dividundo, Liquidator Appointment, Divorce Settlement Enforcement
Family and Children Land and Property Division of Joint Estate Actio Communi Dividundo Liquidator Appointment Divorce Settlement Enforcement

Case Brief

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Parties

N A N

Applicant

S S N

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Are the parties co-owners of the immovable property.
  2. 2 Is the applicant entitled to an order for division of the joint estate.
  3. 3 Under what circumstances should a liquidator be appointed to divide the property.

Ratio Decidendi

The court found that the parties are joint owners of the immovable property and that the applicant is entitled to seek division of the joint estate. The respondent's delay in complying with the settlement agreement justified the applicant's approach to court. The requirements for the appointment of a liquidator were satisfied, and the court exercised its discretion to appoint a liquidator, with a suspension of the appointment to allow the respondent a final opportunity to pay the applicant from his pension benefits. Costs were awarded on a party and party scale, not attorney and client, as the respondent's opposition was not unreasonable.

Court Disposition

Application granted with suspension of the liquidator's appointment to allow respondent to pay applicant; costs awarded on party and party scale.

Orders

  • Alan Herbert Jordaan or another suitable person is appointed as liquidator and receiver to dispose of the immovable property at 152 Block BB, Soshanguve, under Deed of Title no. T38079/1998, pay all debts, and distribute the net proceeds equally between the parties.
  • The appointment is suspended until 24 July 2021 to enable the respondent to obtain his pension benefits and pay the applicant by that date; failing which, the liquidator's appointment takes effect from 25 July 2021.