P.R.V.M v E.V.M (Leave to Appeal) (60053/2012) [2016] ZAGPPHC 199 (8 April 2016)

P.R.V.M v E.V.M (Leave to Appeal) (60053/2012) [2016] ZAGPPHC 199 (8 April 2016)

The court found that, upon objectively reconsidering the facts and arguments presented, there was no misdirection in the original judgment and no reasonable prospect that another court would reach a different conclusion regarding the rectification of the ante-nuptial contract. The application for leave to appeal was therefore dismissed.

Citation
[2016] ZAGPPHC 199
Parties
Applicant: P R V M; Respondent: E V M
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 April 2016
Case Number
60053/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Rectification of Ante Nuptial Contract
Outcome
Application for leave to appeal dismissed with costs.
Judges
Tlhapi W
Legal Topics
Rectification of Ante Nuptial Contract, Leave to Appeal, Prospects of Success
Family and Children Civil Procedure Rectification of Ante Nuptial Contract Leave to Appeal Prospects of Success

Case Brief

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Parties

P R V M

Applicant

E V M

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Rectification of Ante Nuptial Contract

Legal Issues

  1. 1 Whether the respondent was entitled to rectification of the ante-nuptial contract based on the facts before the court.
  2. 2 Whether there are reasonable prospects that another court may reach a different conclusion on the facts or law.

Ratio Decidendi

The court found that, upon objectively reconsidering the facts and arguments presented, there was no misdirection in the original judgment and no reasonable prospect that another court would reach a different conclusion regarding the rectification of the ante-nuptial contract. The application for leave to appeal was therefore dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.