D.R.S v V.G.S (M283/2018) [2020] ZANWHC 18 (12 March 2020)

D.R.S v V.G.S (M283/2018) [2020] ZANWHC 18 (12 March 2020)

The court found that the applicant failed to provide a satisfactory and detailed explanation for the excessive delay in filing the rescission application, which was lodged 86 court days after becoming aware of the order, far beyond the prescribed period. The applicant did not demonstrate good cause or prospects of success, nor did he raise a bona fide defence against the appointment of the receiver/liquidator. The contention regarding non-joinder of KM was dismissed, as the property was registered in the applicant's name after his divorce from KM, and she expressed no interest in the matter. The respondent's entitlement to a share in the joint estate was affirmed, and the applicant's...

Citation
[2020] ZANWHC 18
Parties
Applicant: D[...] R[...] S[...]; Respondent: V[...] G[...] S[...]
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 March 2020
Case Number
M283/2018
Procedural Posture
Rescission Application / Judgment on Opposed Rescission Application
Outcome
Rescission application dismissed with costs on an attorney-client scale.
Judges
R D Hendricks
Legal Topics
Rescission of Judgment, Division of Joint Estate, Appointment of Receiver Liquidator, Condonation, Non Joinder
Civil Procedure Family and Children Rescission of Judgment Division of Joint Estate Appointment of Receiver Liquidator Condonation Non Joinder

Case Brief

Summary, issues, holding and outcome

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Parties

D[...] R[...] S[...]

Applicant

V[...] G[...] S[...]

Respondent

Procedural Posture

Rescission Application / Judgment on Opposed Rescission Application

Legal Issues

  1. 1 Whether the applicant has shown good cause for rescission of the order appointing a receiver/liquidator.
  2. 2 Whether the delay in filing the rescission application is adequately explained and condonable.
  3. 3 Whether the respondent prematurely applied for the appointment of a receiver/liquidator.

Ratio Decidendi

The court found that the applicant failed to provide a satisfactory and detailed explanation for the excessive delay in filing the rescission application, which was lodged 86 court days after becoming aware of the order, far beyond the prescribed period. The applicant did not demonstrate good cause or prospects of success, nor did he raise a bona fide defence against the appointment of the receiver/liquidator. The contention regarding non-joinder of KM was dismissed, as the property was registered in the applicant's name after his divorce from KM, and she expressed no interest in the matter. The respondent's entitlement to a share in the joint estate was affirmed, and the applicant's...

Court Disposition

Rescission application dismissed with costs on an attorney-client scale.

Orders

  • The application for rescission of the order/judgment granted on 27 September 2018 is dismissed.
  • The applicant (D[...] R[...] S[...]) is ordered to pay the costs of this rescission application.