S.N.N v Shai and Another (55481/13) [2018] ZAGPPHC 467 (4 May 2018)

S.N.N v Shai and Another (55481/13) [2018] ZAGPPHC 467 (4 May 2018)

The court found that the matter was not ripe for hearing due to the absence of both the written reasons for the divorce order and the record of proceedings. The first respondent had failed to comply with the previous order to furnish written reasons, and there was no explanation for this failure. The court determined that reconstruction of the record was essential and ordered the parties to cooperate in this process. The application was postponed sine die, and the first respondent was directed to comply with the previous order or provide an explanation under oath for non-compliance. The parties were further directed to meet and attempt reconstruction of the record within a specified...

Citation
[2018] ZAGPPHC 467
Parties
Applicant: S N N; Respondent: Kgama Gladden Shai; Respondent: P D N
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 May 2018
Case Number
55481/13
Procedural Posture
Review Application / Part B of Application for Review and Setting Aside of Divorce Order; Hearing Postponed Pending Compliance With Prior Order and Reconstruction of Record
Outcome
Application postponed sine die pending compliance with previous order and reconstruction of record.
Judges
MMP Mdalana-Mayisela
Legal Topics
Review of Magistrate Decision, Failure to Furnish Reasons, Reconstruction of Record, Divorce Proceedings
Civil Procedure Family and Children Review of Magistrate Decision Failure to Furnish Reasons Reconstruction of Record Divorce Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

S N N

Applicant

Kgama Gladden Shai

Respondent

P D N

Respondent

Procedural Posture

Review Application / Part B of Application for Review and Setting Aside of Divorce Order; Hearing Postponed Pending Compliance With Prior Order and Reconstruction of Record

Legal Issues

  1. 1 Whether the first respondent complied with the court order to furnish written reasons for the divorce order.
  2. 2 Whether the absence of written reasons and the record renders the matter ripe for hearing.
  3. 3 Whether the divorce order should be set aside and proceedings remitted for rehearing.

Ratio Decidendi

The court found that the matter was not ripe for hearing due to the absence of both the written reasons for the divorce order and the record of proceedings. The first respondent had failed to comply with the previous order to furnish written reasons, and there was no explanation for this failure. The court determined that reconstruction of the record was essential and ordered the parties to cooperate in this process. The application was postponed sine die, and the first respondent was directed to comply with the previous order or provide an explanation under oath for non-compliance. The parties were further directed to meet and attempt reconstruction of the record within a specified...

Court Disposition

Application postponed sine die pending compliance with previous order and reconstruction of record.

Orders

  • The application is postponed sine die.
  • The first respondent is directed to comply with the order of Moseamo AJ dated 18 March 2016 and provide written reasons for the divorce order within thirty days from the date of this order.