M.E.M v N.B.M (72391/2017) [2023] ZAGPPHC 1925 (15 November 2023)

M.E.M v N.B.M (72391/2017) [2023] ZAGPPHC 1925 (15 November 2023)

The court found that the urgency claimed by the applicant was self-created, as the issues had arisen earlier in the year and the application was drawn in haste. The applicant failed to provide sufficient information regarding the use of withdrawn educational funds, and the matter of school fees had already been addressed in previous proceedings. The court noted that both parties' consent was required for the child's school enrollment, and the respondent had not sought an order compelling such consent. The protracted divorce proceedings contributed to the parties' inability to make decisions in their children's best interests. Consequently, the application was struck from the roll, and...

Citation
[2023] ZAGPPHC 1925
Parties
Applicant: M[...] E[...] M[...]; Respondent: N[...] B[...] M[...]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 November 2023
Case Number
72391/2017
Procedural Posture
Urgent Application / Application Struck From the Roll
Outcome
Application struck from the roll; costs to be costs in the cause.
Judges
E van der Schyff
Legal Topics
Urgent Application Requirements, Costs in the Cause, Parental Consent for Education
Family and Children Civil Procedure Urgent Application Requirements Costs in the Cause Parental Consent for Education

Case Brief

Summary, issues, holding and outcome

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Parties

M[...] E[...] M[...]

Applicant

N[...] B[...] M[...]

Respondent

Procedural Posture

Urgent Application / Application Struck From the Roll

Legal Issues

  1. 1 Whether the application meets the requirements for urgency.
  2. 2 Whether the applicant will suffer irreparable harm if the matter is not heard urgently.
  3. 3 Whether the applicant has provided sufficient information regarding the use of withdrawn educational funds.

Ratio Decidendi

The court found that the urgency claimed by the applicant was self-created, as the issues had arisen earlier in the year and the application was drawn in haste. The applicant failed to provide sufficient information regarding the use of withdrawn educational funds, and the matter of school fees had already been addressed in previous proceedings. The court noted that both parties' consent was required for the child's school enrollment, and the respondent had not sought an order compelling such consent. The protracted divorce proceedings contributed to the parties' inability to make decisions in their children's best interests. Consequently, the application was struck from the roll, and...

Court Disposition

Application struck from the roll; costs to be costs in the cause.

Orders

  • The application is struck from the roll.
  • Costs to be costs in the cause.