Dreyer v Dreyer (2760 of 2005) [2007] NAHC 93 (13 July 2007)

Dreyer v Dreyer (2760 of 2005) [2007] NAHC 93 (13 July 2007)

Applicant failed to disclose her true financial position, received substantial funds from sale of Namibia Travel Service CC, and has other sources of income sufficient to maintain herself and pay her own costs. Respondent's offer to pay N$2000.00 for Juergen is reasonable given his altered financial circumstances and assumption of liability for Reiner's university expenses. Maintenance for applicant and Reiner and contribution to costs are refused.

Citation
[2007] NAHC 93
Parties
Applicant: Andrea Dreyer; Respondent: Naude Dreyer
Court
High Court
Jurisdiction
Namibia
Judgment Date
13 July 2007
Case Number
2760 of 2005
Procedural Posture
Interlocutory Application Under Rule 43 / Judgment
Outcome
Application partly granted, partly refused.
Legal Topics
Maintenance Pendente Lite, Contribution to Costs, Disclosure of Financial Means, Rule 43 Procedure
Source Language
English
Family Law Maintenance Pendente Lite Contribution to Costs Disclosure of Financial Means Rule 43 Procedure

Case Brief

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Parties

Andrea Dreyer

Applicant

Naude Dreyer

Respondent

Procedural Posture

Interlocutory Application Under Rule 43 / Judgment

Legal Issues

  1. 1 Whether applicant is entitled to maintenance pendente lite for herself and two minor children
  2. 2 Whether applicant is entitled to contribution to legal costs
  3. 3 Whether respondent's supplementary affidavits should be struck off for non-compliance with Rule 43

Ratio Decidendi

Applicant failed to disclose her true financial position, received substantial funds from sale of Namibia Travel Service CC, and has other sources of income sufficient to maintain herself and pay her own costs. Respondent's offer to pay N$2000.00 for Juergen is reasonable given his altered financial circumstances and assumption of liability for Reiner's university expenses. Maintenance for applicant and Reiner and contribution to costs are refused.

Court Disposition

Application partly granted, partly refused.

Orders

  • Respondent ordered to pay maintenance pendente lite for Juergen in the sum of N$2000.00.
  • Relief for maintenance for Reiner, maintenance for applicant, and contribution to costs refused.