Meyer en Andere v Roux en 'n Ander (37719/2007)
Meyer en Andere v Roux en 'n Ander (37719/2007) [2007] ZAGPHC 327 (27 November 2007)
The court held that the clause in the settlement agreement entitling the applicants to a share of the net proceeds from the sale of the property is a 'debt' arising from a court order and thus prescribes only after 30 years in terms of section 11(a)(ii) of the Prescription Act. The defence of prescription raised by the first respondent was rejected. The clause is not contra bones mores, nor have the applicants waived their rights under the agreement. Accordingly, the relief sought by the applicants was granted, and the counter-application was dismissed with costs.
Source excerpt
- Enforcement Of Settlement Agreement
- Prescription Periods
- Bones Mores
- Maintenance And Property Orders