MB v NB (2008/25274) [2009] ZAGPJHC 76; 2010 (3) SA 220 (GSJ) (25 August 2009)

MB v NB (2008/25274) [2009] ZAGPJHC 76; 2010 (3) SA 220 (GSJ) (25 August 2009)

The court found that, although there was no contractual obligation for the defendant to pay S's school fees, his conduct and representations as S's father created a duty of support. The defendant is required to contribute one third of the cost of S's schooling at a day-boy rate for three years, amounting to R100,000, to be paid into a dedicated account for S's education. The plaintiff is to contribute R120,000. Maintenance for the plaintiff is awarded at R5,000 per month for three years, considering her earning potential and capital resources. The accrual entitlement is calculated based on agreed valuations and admissions, resulting in the defendant owing the plaintiff R771,482. The court...

Citation
[2009] ZAGPJHC 76
Parties
Plaintiff: B, M (born D P); Defendant: B, N G
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 August 2009
Case Number
2008/25274
Procedural Posture
Divorce Application / Final Judgment
Outcome
Divorce granted; maintenance and accrual claims upheld; costs apportioned as per judgment.
Judges
Brassey AJ
Legal Topics
Maintenance, Accrual System, Parental Rights and Responsibilities, De Facto Adoption, Costs, Mediation in Family Law
Family and Children Civil Procedure Maintenance Accrual System Parental Rights and Responsibilities De Facto Adoption Costs Mediation in Family Law

Case Brief

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Parties

B, M (born D P)

Plaintiff

B, N G

Defendant

Procedural Posture

Divorce Application / Final Judgment

Legal Issues

  1. 1 Whether the defendant is contractually or otherwise obliged to pay school fees for the plaintiff's son, S.
  2. 2 Whether the defendant is liable for maintenance for the plaintiff.
  3. 3 Determination of the accrual entitlement under the Matrimonial Property Act.

Ratio Decidendi

The court found that, although there was no contractual obligation for the defendant to pay S's school fees, his conduct and representations as S's father created a duty of support. The defendant is required to contribute one third of the cost of S's schooling at a day-boy rate for three years, amounting to R100,000, to be paid into a dedicated account for S's education. The plaintiff is to contribute R120,000. Maintenance for the plaintiff is awarded at R5,000 per month for three years, considering her earning potential and capital resources. The accrual entitlement is calculated based on agreed valuations and admissions, resulting in the defendant owing the plaintiff R771,482. The court...

Court Disposition

Divorce granted; maintenance and accrual claims upheld; costs apportioned as per judgment.

Orders

  • The marriage between the parties is dissolved by decree of divorce.
  • Each party shall have parental rights and responsibilities in respect of the minor child, J, subject to specified conditions regarding residence and contact.