P.R v J.R (M182/2015) [2017] ZANWHC 81 (15 December 2017)

P.R v J.R (M182/2015) [2017] ZANWHC 81 (15 December 2017)

The court found that the respondent did not comply with Clause 5.1 of the Deed of Settlement, as he failed to purchase the businesses for the applicant from the true owner, Rabiera Bravo CC. The respondent's version was contradictory and failed to establish that Fernandes was the owner or that a valid sale occurred. The agreements attached by the applicant clearly defined Rabiera as the owner of both the premises and the businesses, including their assets and goodwill. The respondent's payment to Fernandes was merely a cancellation fee for terminating a lease, not a purchase of the businesses. The respondent's version was rejected as far-fetched and implausible, and there was no genuine...

Citation
[2017] ZANWHC 81
Parties
Applicant: P R; Respondent: J R
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
15 December 2017
Case Number
M182/2015
Procedural Posture
Civil Application / Judgment on Application to Enforce Compliance With Divorce Settlement
Outcome
Application granted. Respondent ordered to pay R700,000 to applicant and costs of the application.
Judges
KGOELE
Legal Topics
Divorce Settlement Enforcement, Specific Performance, Interpretation of Contracts
Family and Children Civil Procedure Divorce Settlement Enforcement Specific Performance Interpretation of Contracts

Case Brief

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Parties

P R

Applicant

J R

Respondent

Procedural Posture

Civil Application / Judgment on Application to Enforce Compliance With Divorce Settlement

Legal Issues

  1. 1 Whether the respondent complied with Clause 5.1 of the Deed of Settlement by purchasing the businesses for the applicant.
  2. 2 Who was the true owner of the businesses at the relevant time.
  3. 3 Whether the respondent's version creates a genuine dispute of fact justifying dismissal or referral for oral evidence.

Ratio Decidendi

The court found that the respondent did not comply with Clause 5.1 of the Deed of Settlement, as he failed to purchase the businesses for the applicant from the true owner, Rabiera Bravo CC. The respondent's version was contradictory and failed to establish that Fernandes was the owner or that a valid sale occurred. The agreements attached by the applicant clearly defined Rabiera as the owner of both the premises and the businesses, including their assets and goodwill. The respondent's payment to Fernandes was merely a cancellation fee for terminating a lease, not a purchase of the businesses. The respondent's version was rejected as far-fetched and implausible, and there was no genuine...

Court Disposition

Application granted. Respondent ordered to pay R700,000 to applicant and costs of the application.

Orders

  • The respondent is ordered to pay an amount of R700,000 to the applicant pursuant to his obligation in terms of Clause 5.1 of the Deed of Settlement and the Court Order dated 1 November 2010 under Case No. 34/2010 within three months from the date of service of this order.
  • The respondent is to pay the costs of this application.