L.L v A.J.M and Others (014357/2022) [2024] ZAGPPHC 523; 2025 (1) SA 455 (GP) (7 June 2024)

L.L v A.J.M and Others (014357/2022) [2024] ZAGPPHC 523; 2025 (1) SA 455 (GP) (7 June 2024)

The court held that the obligation to support minor children extends to the deceased estate and is not contingent on the surviving parent's inability to maintain them. The authorities relied upon by the defendants, which suggest that a claim only arises if the surviving parent cannot support the children, are either obiter or wrongly decided and are declined to be followed. The particulars of claim need only set out the material facts necessary to disclose a cause of action, not the evidence or facta probantia. The defendants are able to plead to the case as presented, and the failure to plead the plaintiff's inability to maintain the children or attach supporting documents does not...

Citation
[2024] ZAGPPHC 523
Parties
Plaintiff: L.L; Defendant: A.J.M; Defendant: L.S.V; Defendant: The Master of the High Court, Johannesburg
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 June 2024
Case Number
014357/2022
Procedural Posture
Exception Application / Exception to Particulars of Claim Heard and Determined
Outcome
Exception dismissed with costs de bonis propriis against the first and second defendants.
Judges
Neukircher
Legal Topics
Maintenance of Minor Children, Deceased Estate Liability, Pleading Requirements, Best Interests of Child
Family and Children Maintenance of Minor Children Deceased Estate Liability Pleading Requirements Best Interests of Child

Case Brief

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Parties

L.L

Plaintiff

A.J.M

Defendant

L.S.V

Defendant

The Master of the High Court, Johannesburg

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim Heard and Determined

Legal Issues

  1. 1 Whether the plaintiff must plead and prove inability to maintain minor children before claiming maintenance from the deceased estate.
  2. 2 Whether failure to plead facta probantia or attach supporting documents renders the particulars of claim excipiable for failing to disclose a cause of action.
  3. 3 Whether the obligation to support minor children extends to the deceased estate regardless of the surviving parent's means.

Ratio Decidendi

The court held that the obligation to support minor children extends to the deceased estate and is not contingent on the surviving parent's inability to maintain them. The authorities relied upon by the defendants, which suggest that a claim only arises if the surviving parent cannot support the children, are either obiter or wrongly decided and are declined to be followed. The particulars of claim need only set out the material facts necessary to disclose a cause of action, not the evidence or facta probantia. The defendants are able to plead to the case as presented, and the failure to plead the plaintiff's inability to maintain the children or attach supporting documents does not...

Court Disposition

Exception dismissed with costs de bonis propriis against the first and second defendants.

Orders

  • The exception is dismissed with costs, such costs to be paid by the first and second defendants (first and second excipients) de bonis propriis on Scale C.