R.D.S v C.V.D.W (12537/12) [2014] ZAGPPHC 787 (2 October 2014)

R.D.S v C.V.D.W (12537/12) [2014] ZAGPPHC 787 (2 October 2014)

The court found that the defendant intentionally and wrongfully engaged in an adulterous relationship with the plaintiff's husband, fully aware of the subsisting marriage and the harm caused to the plaintiff. The defendant's conduct was aggravated by vulgar communications, attempts to influence the plaintiff's children, and a callous disregard for the plaintiff's feelings and health. The evidence established that the defendant's actions led to the breakdown of the marriage and significant emotional suffering for the plaintiff. The court held that the plaintiff was entitled to damages for adultery, loss of comfort, society and services, and alienation of affection. Considering comparable...

Citation
[2014] ZAGPPHC 787
Parties
Plaintiff: R[...] D[...] S[...]; Defendant: C[...] V[...] D[...] W[...]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 October 2014
Case Number
12537/12
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for damages is upheld; defendant is ordered to pay damages and costs.
Judges
Msimeki
Legal Topics
Adultery, Alienation of Affection, Loss of Comfort and Society, Damages Quantification
Family and Children Delict Adultery Alienation of Affection Loss of Comfort and Society Damages Quantification

Case Brief

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Parties

R[...] D[...] S[...]

Plaintiff

C[...] V[...] D[...] W[...]

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant's adulterous conduct with the plaintiff's husband entitles the plaintiff to damages.
  2. 2 Whether the defendant's actions caused the loss of comfort, society, and services of the plaintiff's husband.
  3. 3 What is the appropriate quantum of damages for adultery and alienation of affection in the circumstances.

Ratio Decidendi

The court found that the defendant intentionally and wrongfully engaged in an adulterous relationship with the plaintiff's husband, fully aware of the subsisting marriage and the harm caused to the plaintiff. The defendant's conduct was aggravated by vulgar communications, attempts to influence the plaintiff's children, and a callous disregard for the plaintiff's feelings and health. The evidence established that the defendant's actions led to the breakdown of the marriage and significant emotional suffering for the plaintiff. The court held that the plaintiff was entitled to damages for adultery, loss of comfort, society and services, and alienation of affection. Considering comparable...

Court Disposition

Plaintiff's claim for damages is upheld; defendant is ordered to pay damages and costs.

Orders

  • The defendant is ordered to pay the plaintiff R85,000.00 as damages for adultery, loss of comfort, society and services of her husband, and alienation of affection.
  • The defendant is ordered to pay the plaintiff's costs of suit.