Ngondweni v Ngondweni (90966/2015) [2015] ZAGPPHC 1033 (14 December 2015)

Ngondweni v Ngondweni (90966/2015) [2015] ZAGPPHC 1033 (14 December 2015)

The court found that the respondent had made out a proper case for filing a supplementary affidavit. The applicant failed to justify an order for maintenance for the major children, as the respondent continued to support them adequately. The applicant's claimed expenses were found to be inflated, but the court acknowledged that she might have unlisted expenses and her income was variable. Considering all circumstances, the court ordered the respondent to pay R3,000.00 per month maintenance to the applicant, with R2,000.00 already being paid under a Domestic Violence Court order and an additional R1,000.00 ordered. The respondent was also ordered to contribute R5,000.00 towards the...

Citation
[2015] ZAGPPHC 1033
Parties
Applicant: V.E. Ngondweni; Respondent: P. Ngondweni
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 December 2015
Case Number
90966/2015
Procedural Posture
Rule 43 Application / Interlocutory
Outcome
The application for maintenance pendente lite was partially granted; the respondent is ordered to pay additional maintenance and contribute to legal costs, with other claims dismissed or noted.
Judges
C.P. Rabie
Legal Topics
Maintenance Pendente Lite, Rule 43 Procedure, Contribution to Legal Costs, Major Children Support
Family and Children Civil Procedure Maintenance Pendente Lite Rule 43 Procedure Contribution to Legal Costs Major Children Support

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 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

V.E. Ngondweni

Applicant

P. Ngondweni

Respondent

Procedural Posture

Rule 43 Application / Interlocutory

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendente lite from the respondent.
  2. 2 Whether the respondent should contribute to the applicant's legal costs.
  3. 3 Whether maintenance should be ordered for the parties' major children.

Ratio Decidendi

The court found that the respondent had made out a proper case for filing a supplementary affidavit. The applicant failed to justify an order for maintenance for the major children, as the respondent continued to support them adequately. The applicant's claimed expenses were found to be inflated, but the court acknowledged that she might have unlisted expenses and her income was variable. Considering all circumstances, the court ordered the respondent to pay R3,000.00 per month maintenance to the applicant, with R2,000.00 already being paid under a Domestic Violence Court order and an additional R1,000.00 ordered. The respondent was also ordered to contribute R5,000.00 towards the...

Court Disposition

The application for maintenance pendente lite was partially granted; the respondent is ordered to pay additional maintenance and contribute to legal costs, with other claims dismissed or noted.

Orders

  • The respondent shall pay R1,000.00 per month maintenance to the applicant, in addition to the R2,000.00 per month already being paid, payable on or before the last day of each month, starting 31 December 2015.
  • If the Domestic Violence Court order is set aside or terminated, the respondent shall pay R3,000.00 per month maintenance to the applicant.