P V v E V (843/2018) [2019] ZASCA 76 (30 May 2019)

P V v E V (843/2018) [2019] ZASCA 76 (30 May 2019)

Rectification of the ante-nuptial contract was not competent as there was no common mistake or continuing intention between the parties to include the accrual system. The trial court failed to make credibility findings and did not weigh the probabilities, resulting in no basis for rectification. Clause 3 of the ante-nuptial contract expressly excluded the accrual system, and in the absence of a legally competent ground to delete it, the contract must stand as written. Section 2 of the Matrimonial Property Act requires express exclusion of accrual in the contract itself, not consensus between the parties. The respondent's alternative plea for a declaratory order was not supported by the...

Citation
[2019] ZASCA 76
Parties
Appellant: P V; Respondent: E V
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 2019
Case Number
843/2018
Procedural Posture
Civil Appeal / Appeal From Full Court, Gauteng Division of the High Court, Pretoria
Outcome
Appeal upheld. The order of the Full Court is set aside and substituted. The counterclaim for rectification is dismissed. The respondent is ordered to pay the appellant's costs relating to the dispute on rectification.
Judges
Tshiqi, Saldulker, Zondi, Molemela, Davis
Legal Topics
Rectification of Contract, Matrimonial Property Regime, Ante Nuptial Contract, Accrual System Exclusion, Contractual Consensus
Family and Children Civil Procedure Rectification of Contract Matrimonial Property Regime Ante Nuptial Contract Accrual System Exclusion Contractual Consensus

Case Brief

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Parties

P V

Appellant

E V

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court, Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the ante-nuptial contract should be rectified to include the accrual system.
  2. 2 Whether there was a common mistake or misunderstanding between the parties regarding the exclusion of accrual.
  3. 3 Whether the clear terms of the ante-nuptial contract can be disregarded based on alleged undertakings.

Ratio Decidendi

Rectification of the ante-nuptial contract was not competent as there was no common mistake or continuing intention between the parties to include the accrual system. The trial court failed to make credibility findings and did not weigh the probabilities, resulting in no basis for rectification. Clause 3 of the ante-nuptial contract expressly excluded the accrual system, and in the absence of a legally competent ground to delete it, the contract must stand as written. Section 2 of the Matrimonial Property Act requires express exclusion of accrual in the contract itself, not consensus between the parties. The respondent's alternative plea for a declaratory order was not supported by the...

Court Disposition

Appeal upheld. The order of the Full Court is set aside and substituted. The counterclaim for rectification is dismissed. The respondent is ordered to pay the appellant's costs relating to the dispute on rectification.

Orders

  • The appeal is upheld with costs.
  • The order of the Full Court, Gauteng Division of the High Court, Pretoria is set aside.