RB v ES (2321/2016) [2025] ZANCHC 68 (1 August 2025)

RB v ES (2321/2016) [2025] ZANCHC 68 (1 August 2025)

The court found that the grounds for leave to appeal merely repeated arguments already considered and rejected in the main judgment. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for the appeal to be entertained. The inclusion of trust assets in the accrual calculation was addressed in the main judgment, and the applicant's reliance on section 12 of the Trust Property Control Act and the trust deed did not establish a basis for leave to appeal. Accordingly, the application for leave to appeal was dismissed with costs, including the fees of senior-junior counsel on scale B as per rule 67A of the Uniform Rules of Court.

Citation
[2025] ZANCHC 68
Parties
Applicant: RB; Respondent: ES
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 August 2025
Case Number
2321/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Final Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
M V Phatshoane
Legal Topics
Leave to Appeal, Accrual Claim, Trust Property, Matrimonial Property Act, Costs Award
Civil Procedure Family and Children Leave to Appeal Accrual Claim Trust Property Matrimonial Property Act Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

RB

Applicant

ES

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Final Judgment

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success for leave to appeal.
  2. 2 Whether the inclusion of trust assets in the calculation of accrual was lawful under the Trust Property Control Act.
  3. 3 Whether the settlement agreement unlawfully merged trust assets with personal assets contrary to the trust deed and statute.

Ratio Decidendi

The court found that the grounds for leave to appeal merely repeated arguments already considered and rejected in the main judgment. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for the appeal to be entertained. The inclusion of trust assets in the accrual calculation was addressed in the main judgment, and the applicant's reliance on section 12 of the Trust Property Control Act and the trust deed did not establish a basis for leave to appeal. Accordingly, the application for leave to appeal was dismissed with costs, including the fees of senior-junior counsel on scale B as per rule 67A of the Uniform Rules of Court.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs, such costs to include the fees of senior-junior counsel on scale B in terms of rule 67A of the Uniform Rules of Court.