P.S.M v M.M (Born R) (29257/2022) [2024] ZAGPPHC 409 (8 May 2024)

P.S.M v M.M (Born R) (29257/2022) [2024] ZAGPPHC 409 (8 May 2024)

The court found that, having considered the grounds of appeal and submissions from both parties, there is a reasonable prospect that another court may find the applicant entitled to a share in the respondent's pension interest. Therefore, leave to appeal should be granted to the Full Bench of the Division against order 3 dated 29 December 2023.

Citation
[2024] ZAGPPHC 409
Parties
Applicant: P[...] S[...] M[...]; Respondent: M[...] M[...] (Born R[...])
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 May 2024
Case Number
29257/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order 3 Dated 29 December 2023
Outcome
Leave to appeal granted to the Full Bench of this Division against order 3 dated 29 December 2023.
Judges
Flatela
Legal Topics
Divorce Forfeiture, Pension Interest, Leave to Appeal, Superior Courts Act
Family and Children Divorce Forfeiture Pension Interest Leave to Appeal Superior Courts Act

Case Brief

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Parties

P[...] S[...] M[...]

Applicant

M[...] M[...] (Born R[...])

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order 3 Dated 29 December 2023

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success in appealing the forfeiture order regarding the pension interest.
  2. 2 Whether another court may find the applicant entitled to a share in the respondent's pension interest.

Ratio Decidendi

The court found that, having considered the grounds of appeal and submissions from both parties, there is a reasonable prospect that another court may find the applicant entitled to a share in the respondent's pension interest. Therefore, leave to appeal should be granted to the Full Bench of the Division against order 3 dated 29 December 2023.

Court Disposition

Leave to appeal granted to the Full Bench of this Division against order 3 dated 29 December 2023.

Orders

  • The application for leave to appeal is granted to the Full Bench of this Division against order 3 dated 29 December 2023.
  • Costs will be costs on appeal.