Montshiwa v Ditire and Others (UM 39/2018) [2018] ZANWHC 37 (22 March 2018)

Montshiwa v Ditire and Others (UM 39/2018) [2018] ZANWHC 37 (22 March 2018)

The application was dismissed because the applicant failed to demonstrate urgency as required by Rule 6(12)(b) of the Uniform Rules of Court. The papers did not specify when the relevant documents were brought to his attention, and the urgency appeared self-created. Furthermore, the applicant failed to address why substantial redress could not be obtained in due course, especially given the alternative remedies available under Section 28 of the Maintenance Act, which allows for the suspension, amendment, or rescission of an emoluments attachment order by the Maintenance Court. On the merits, the applicant did not set out the requirements for an interdict, and his papers were deficient in...

Citation
[2018] ZANWHC 37
Parties
Applicant: Gaone Jack Siamisang Montshiwa; Respondent: Lerato Perpetua Ditire; Respondent: Moetsi Maredi Inc. Attorneys; Respondent: Maintenance Officer
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 March 2018
Case Number
UM39/2018
Procedural Posture
Urgent Application / Application for Urgent Interdict
Outcome
Application dismissed.
Judges
A M Kgoele
Legal Topics
Maintenance Order, Emoluments Attachment Order, Urgent Interdict, Alternative Remedy
Family and Children Civil Procedure Maintenance Order Emoluments Attachment Order Urgent Interdict Alternative Remedy

Case Brief

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Parties

Gaone Jack Siamisang Montshiwa

Applicant

Lerato Perpetua Ditire

Respondent

Moetsi Maredi Inc. Attorneys

Respondent

Maintenance Officer

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient urgency to justify hearing the matter on an urgent basis.
  2. 2 Whether the applicant is entitled to an interdict restraining the employer from paying maintenance to the first respondent.
  3. 3 Whether the applicant has an alternative remedy under the Maintenance Act.

Ratio Decidendi

The application was dismissed because the applicant failed to demonstrate urgency as required by Rule 6(12)(b) of the Uniform Rules of Court. The papers did not specify when the relevant documents were brought to his attention, and the urgency appeared self-created. Furthermore, the applicant failed to address why substantial redress could not be obtained in due course, especially given the alternative remedies available under Section 28 of the Maintenance Act, which allows for the suspension, amendment, or rescission of an emoluments attachment order by the Maintenance Court. On the merits, the applicant did not set out the requirements for an interdict, and his papers were deficient in...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.