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Judgment No. SC 41 /18
Civil Appeal No. SC 326/14
relationship. The parties later agreed that a decree of divorce should be granted by consent. On
31 August 2012 the High Court granted them a decree of divorce in terms of a consent paper.
The consent order resolved the proprietary consequences of their divorce except
the issues relating to the distribution of their rights in Allan Grange Farm which the respondent
is leasing from the State. The issues were captured in para 8 to 8.3 of the consent order granted
by HLATSHWAYO J (as he then was) as follows: “8.
It is recorded that paragraphs 3, 4 and 5 do not reflect a final settlement of the
proprietary consequences of the marriage and the parties to that end agree as
follows: 8.1 Defendant shall be entitled to remain in occupation of that portion of Allan
Grange Farm (the Farm) for a period of 9 months from the date hereof,
and shall during that period investigate such alternatives as may be
available to her.
8.2 If the parties have not settled their differences in relation to the farm, then
at the expiry of the said period of 9 months either party shall be entitled to
apply to the Registrar of this Honourable Court for this matter to be tried
on the issues set out in para 8.3 hereof.
8.3
The issues for trial shall be: -Whether defendant is entitled to any rights in respect of the Farm.
-What constitutes a fair and equitable distribution of the rights held
by the parties in regard to the Farm.” (emphasis added)
Paragraph 8.3 sets out the issues which were to be determined through the trial
which took place before the court a quo.
The period within which the appellant was allowed to remain on the farm
lapsed. The parties failed to resolve their differences in terms of clause 8.2. The respondent
requested the registrar of the High Court to set down the matter for trial on the unresolved
issues relating to the distribution of their rights in the farm. At the trial, it was agreed that the
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