Eripse v Eripse (3043/2011) [2011] ZAWCHC 195 (14 April 2011)

Eripse v Eripse (3043/2011) [2011] ZAWCHC 195 (14 April 2011)

Given that neither party has substantial assets or income, the court must make a pragmatic decision to ensure the applicant is not left destitute pending the final determination of the matter. The respondent is ordered to pay maintenance at a reasonable rate and a contribution towards costs, with the possibility of further applications if genuine need arises. The issue of costs is reserved for the trial.

Citation
[2011] ZAWCHC 195
Parties
Applicant: R T Eripse; Respondent: D V Eripse
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
14 April 2011
Case Number
3043/2011
Procedural Posture
Urgent Application / Interim Maintenance and Contribution to Costs Pendente Lite
Outcome
Interim maintenance and contribution to costs granted pendente lite.
Judges
Weinkove, AJ
Legal Topics
Maintenance Pendente Lite, Contribution to Costs, Interim Relief
Family and Children Maintenance Pendente Lite Contribution to Costs Interim Relief

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Parties

R T Eripse

Applicant

D V Eripse

Respondent

Procedural Posture

Urgent Application / Interim Maintenance and Contribution to Costs Pendente Lite

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance pendente lite from the respondent.
  2. 2 Whether the applicant is entitled to a contribution towards legal costs pending the final determination of the matter.

Ratio Decidendi

Given that neither party has substantial assets or income, the court must make a pragmatic decision to ensure the applicant is not left destitute pending the final determination of the matter. The respondent is ordered to pay maintenance at a reasonable rate and a contribution towards costs, with the possibility of further applications if genuine need arises. The issue of costs is reserved for the trial.

Court Disposition

Interim maintenance and contribution to costs granted pendente lite.

Orders

  • The respondent must pay maintenance for the applicant at the rate of R2,500.00 per month with effect from 15 April 2011 and thereafter on the 15th day of each succeeding month pendente lite.
  • The respondent must pay a contribution towards the applicant's costs in the amount of R10,000.00.