CAN A MORTGAGE BOND EMBODY A SALE?
Elmo-York N.O v Van Dyk and Another (67219/2019) [2020] ZAGPPHC 570 (22 September 2020)
In this matter, the court was asked to declare that a mortgage bond document, in addition to constituting the security for a loan, also embodies a sale agreement. This, in essence, was the argument here as the seller passed away before the sale agreement was signed. What was in place, however, was a partially signed mortgage bond document which referred to the sale agreement. The question raised whether there was a sale?
The Judgment
Summary of the Judgment
MAINTENANCE ORDERS CAN BIND YOU FOR 30 YEARS
S A v J A and Others (7531/2020) [2020] ZAWCHC 155 (10 November 2020)
A novel question arose for consideration in this matter. Are maintenance matters that form part of a consent paper, and incorporated in a divorce order, part of the ‘judgment’ and hence susceptible to prescription only after 30 years? Or is this component of the divorce order an ordinary debt that prescribes after 3 years, because of the fact that it is capable of being varied and is therefore not a final judgment? In the present matter, the spouse claimed substantial arrears from her ex-husband, shortly after he had a windfall, 17 years after their divorce order.
