Jones v Jones (2472/2020)  ZAECPEHC 42 (16 August 2021)
The parties in this judgment used to be married. After their divorce in 2002, they kept close ties, Mrs J allowing her ex husband to use money owing to her in terms of the divorce (upon the sale of their joint properties), to purchase a new property. In 2014 he undertook to share the balance of the proceeds from the sale of the new property with her. Fast forward to 2020 when the property was sold. At this stage Mr Jones was no longer inclined to share the proceeds of the sale and argued that the 2002 divorce order debt had prescribed. Mrs J, however, premised her claim on the later undertaking which constituted a new debt and which became claimable, she argued, on transfer of the property in 2020.