Strydom NO v Kruger and Another (872/2005) [2022] ZANCHC 3 (21 January 2022)

Strydom NO v Kruger and Another (872/2005) [2022] ZANCHC 3 (21 January 2022)

The court found that the writ of execution was validly issued for arrear maintenance and school fees, as the amounts claimed were easily ascertainable from documentary proof and were properly quantified in the affidavit filed by the first respondent. The applicant's contention that the first respondent must prove...

Source-derived case information.

Citation
[2022] ZANCHC 3
Parties
Applicant: Magdaleen Strydom NO; Respondent: Amanda Kruger; Respondent: The Master of the High Court
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
21 January 2022
Case Number
872/2005
Procedural Posture
Urgent Application / Application for Rescission of Writ of Execution and Interdict
Outcome
Application dismissed; costs awarded against the applicant on an attorney and client scale.
Judges
Nobanda AJ
Legal Topics
Maintenance Order Enforcement, Writ of Execution, Arrear Child Maintenance, Quantification of Claim, Costs De Bonis Propriis
Family and Children Civil Procedure Maintenance Order Enforcement Writ of Execution Arrear Child Maintenance Quantification of Claim Costs De Bonis Propriis

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Parties

Magdaleen Strydom NO

Applicant

Amanda Kruger

Respondent

The Master of the High Court

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Writ of Execution and Interdict

Legal Issues

  1. 1 Whether the writ of execution issued against the deceased estate for arrear maintenance and school fees is competent in law.
  2. 2 Whether the applicant is entitled to an interdict preventing further execution until the liquidation and distribution account is approved.
  3. 3 Whether the first respondent must prove personal payment of school expenses to be reimbursed under the maintenance order.

Ratio Decidendi

The court found that the writ of execution was validly issued for arrear maintenance and school fees, as the amounts claimed were easily ascertainable from documentary proof and were properly quantified in the affidavit filed by the first respondent. The applicant's contention that the first respondent must prove personal payment of school expenses was rejected, as the maintenance order required reimbursement of expenses incurred, not proof of personal payment. The applicant conceded that general arrear maintenance was payable and had been paid, and did not dispute that the school fees were paid. The court held that the only relevant issue was whether the deceased or his representative...

Court Disposition

Application dismissed; costs awarded against the applicant on an attorney and client scale.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the first respondent's costs on an attorney and client scale.