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South Africa Judgment

North Gauteng High Court, Pretoria

Modisane v Modisane and Another (10061/2018) [2018] ZAGPPHC 382 (13 March 2018)

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Source document

01

Holding and result

The court found that the applicant failed to provide evidence that the first respondent intended to dissipate his pension funds upon payment. Without such evidence, the requirements for granting an anti-dissipation interdict were not satisfied. Consequently, the urgent application was dismissed.

Court disposition

Application dismissed.

Orders

  • The urgent application is dismissed.

02

Material facts

Parties

Hlekiwe Annie Modisane

Applicant

Motseose Koos Modisane

Respondent

Momentum

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Request for Reasons After Dismissal of Urgent Application

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought an urgent interdict to prevent the second respondent from paying out the first respondent's pension, arguing that such payment should be withheld pending the outcome of a maintenance enquiry regarding the first respondent's obligation to support two minor children.
Respondent
The respondents opposed the application, contending that there was no evidence of any intention by the first respondent to dissipate his pension funds and that the requirements for an anti-dissipation interdict were not met.

05

Court’s reasoning

  1. 01

    No specific citation provided; general principle of South African law.

    An anti-dissipation interdict requires evidence that the respondent intends to dissipate assets to defeat a potential claim.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicant failed to provide evidence that the first respondent intended to dissipate his pension funds upon payment. Without such evidence, the requirements for granting an anti-dissipation interdict were not satisfied. Consequently, the urgent application was dismissed.

Court disposition

Application dismissed.

  • The urgent application is dismissed.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2018] ZAGPPHC 382

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

(1)

NOT REPORTABLE

(2)

NOT OF INTEREST TO OTHER JUDGES

CASE NO: 10061/2018

13/3/2018

In the matter between:

HLEKIWE

ANNIE

MODISANE

Applicant

and

MOTSEOSE KOOS

MODISANE

First Respondent

MOMENTUM

Second Respondent

JUDGMENT (Reason)

Tuchten J:

1 This is a request for reasons for having dismissed the applicant's urgent application.

2 The applicant brought an urgent application to interdict the second

respondent from paying out the first respondent's pension pending a maintenance enquiry, which is presently pending, into the first

respondent's obligation to pay maintenance for two minor children born of their relationship..

3 I characterised the relief sought by the applicant as an anti-dissipation interdict. I concluded that there was no evidence that the first respondent intended to dissipate his pension when it was paid out to him.

4 I accordingly dismissed the application.

NB Tuchten

Judge of the High Court

13 March 2018

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