M.A.D.S.M v G.J.M (399/2021) [2023] ZAECMKHC 85 (3 August 2023)

M.A.D.S.M v G.J.M (399/2021) [2023] ZAECMKHC 85 (3 August 2023)

The applicant failed to make out a proper case in her founding affidavit for a contribution towards legal costs under rule 43. The affidavit lacked sufficient detail regarding the constitution and quantification of the claimed amount, and did not provide information about the experts engaged or the costs of their services. The applicant's reliance on previous affidavits was improper and constituted an abuse of process, as the court cannot be expected to consider extraneous material without specific reference. The respondent's financial position was substantiated, and his tender of R10,000 was reasonable under the circumstances. The application was found to be deficient, vexatious, and...

Citation
[2023] ZAECMKHC 85
Parties
Applicant: M. A. DA SILVA M[...]; Respondent: G. J. M[...]
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
3 August 2023
Case Number
399/2021
Procedural Posture
Urgent Application / Rule 43 Application for Costs Contribution Pending Divorce Trial
Outcome
Application dismissed with costs.
Judges
Rugunanan
Legal Topics
Rule 43 Interim Relief, Contribution Towards Costs, Founding Affidavit Requirements
Family and Children Civil Procedure Rule 43 Interim Relief Contribution Towards Costs Founding Affidavit Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

M. A. DA SILVA M[...]

Applicant

G. J. M[...]

Respondent

Procedural Posture

Urgent Application / Rule 43 Application for Costs Contribution Pending Divorce Trial

Legal Issues

  1. 1 Whether the applicant has made out a proper case in her founding affidavit for a contribution towards legal costs under rule 43.
  2. 2 Whether the applicant's claim for R20,000 is adequately substantiated and quantified.
  3. 3 Whether the respondent's tender of R10,000 is reasonable given the parties' financial circumstances.

Ratio Decidendi

The applicant failed to make out a proper case in her founding affidavit for a contribution towards legal costs under rule 43. The affidavit lacked sufficient detail regarding the constitution and quantification of the claimed amount, and did not provide information about the experts engaged or the costs of their services. The applicant's reliance on previous affidavits was improper and constituted an abuse of process, as the court cannot be expected to consider extraneous material without specific reference. The respondent's financial position was substantiated, and his tender of R10,000 was reasonable under the circumstances. The application was found to be deficient, vexatious, and...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.