N.K and Another v B.B (30472/21) [2023] ZAGPJHC 1025 (15 August 2023)

N.K and Another v B.B (30472/21) [2023] ZAGPJHC 1025 (15 August 2023)

The court found that the respondent has engaged in a pattern of persistent, unmeritorious litigation and criminal complaints against the applicants, disregarding settlement agreements and court orders, and causing ongoing psychological and financial harm to the minor children and the applicants. The respondent's conduct constitutes an abuse of the court process and falls squarely within the definition of vexatious litigation under section 2(1)(b) of the Vexatious Proceedings Act. The best interests of the minor children require that further litigation by the respondent be regulated to prevent continued harm. The constitutional right of access to courts is not absolute and may be limited...

Citation
[2023] ZAGPJHC 1025
Parties
Applicant: N K; Applicant: O K; Respondent: B B (previously K)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 August 2023
Case Number
30472/21
Procedural Posture
Urgent Application / Application for Declaration of Vexatious Litigant and Related Relief
Outcome
Application granted; respondent declared a vexatious litigant and restricted from instituting further proceedings without leave of court.
Judges
G.Y. Benson
Legal Topics
Vexatious Litigation, Best Interests of Children, Parental Responsibility, Abuse of Process, Costs Orders
Family and Children Civil Procedure Vexatious Litigation Best Interests of Children Parental Responsibility Abuse of Process Costs Orders

Case Brief

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Parties

N K

Applicant

O K

Applicant

B B (previously K)

Respondent

Procedural Posture

Urgent Application / Application for Declaration of Vexatious Litigant and Related Relief

Legal Issues

  1. 1 Whether the respondent should be declared a vexatious litigant under section 2(1)(b) of the Vexatious Proceedings Act, 3 of 1956.
  2. 2 Whether the respondent's conduct constitutes persistent and unreasonable institution of legal proceedings.
  3. 3 Whether the best interests of the minor children require regulation of further litigation by the respondent.

Ratio Decidendi

The court found that the respondent has engaged in a pattern of persistent, unmeritorious litigation and criminal complaints against the applicants, disregarding settlement agreements and court orders, and causing ongoing psychological and financial harm to the minor children and the applicants. The respondent's conduct constitutes an abuse of the court process and falls squarely within the definition of vexatious litigation under section 2(1)(b) of the Vexatious Proceedings Act. The best interests of the minor children require that further litigation by the respondent be regulated to prevent continued harm. The constitutional right of access to courts is not absolute and may be limited...

Court Disposition

Application granted; respondent declared a vexatious litigant and restricted from instituting further proceedings without leave of court.

Orders

  • The respondent is declared a vexatious litigant under section 2(1)(b) of the Vexatious Proceedings Act, 3 of 1956.
  • No legal proceedings shall be instituted by the respondent against the first or second applicants or any related party without leave of this Court or a Judge thereof, and such leave shall not be granted unless the proceedings are not an abuse of process and there is a prima facie ground for the intended proceedings.