Yazbeek and Another v du Plessis and Others (2170/2020) [2020] ZAECGHC 147 (1 December 2020)

Yazbeek and Another v du Plessis and Others (2170/2020) [2020] ZAECGHC 147 (1 December 2020)

The court found that both applicants are entitled to interim maintenance from the second respondent, who is a nearer relative with substantial means. The first applicant has locus standi to claim maintenance for the minor child, as he is a co-holder of parental rights and guardianship. The quantum of maintenance was assessed based on reasonable necessities, with certain claimed expenses excluded. The minor child's entitlement to support was upheld, and criticisms of her expenses were rejected given the second respondent's financial position. The application to strike out irrelevant and prejudicial portions of the founding affidavit and annexures was granted to promote the orderly...

Citation
[2020] ZAECGHC 147
Parties
Applicant: Luke Anthony Yazbek; Applicant: Luke Anthony Yazbek nomine officio on behalf of B[…] L[…] Y[…]; Respondent: Louise Ann du Plessis; Respondent: Juliana Mary Yazbek; Respondent: Rosemary Anne Shutzer-Weissmann; Respondent: Matthew Anthony Yazbek
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
1 December 2020
Case Number
2170/2020
Procedural Posture
Urgent Application / Application for Interim Maintenance Pending Final Determination of Related Action Proceedings
Outcome
Application for interim maintenance granted; application to strike out granted in part; costs awarded as specified.
Judges
M.J. Lowe
Legal Topics
Interim Maintenance, Duty of Support, Locus Standi, Striking Out Irrelevant Matter
Family and Children Civil Procedure Interim Maintenance Duty of Support Locus Standi Striking Out Irrelevant Matter

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Parties

Luke Anthony Yazbek

Applicant

Luke Anthony Yazbek nomine officio on behalf of B[…] L[…] Y[…]

Applicant

Louise Ann du Plessis

Respondent

Juliana Mary Yazbek

Respondent

Rosemary Anne Shutzer-Weissmann

Respondent

Matthew Anthony Yazbek

Respondent

Procedural Posture

Urgent Application / Application for Interim Maintenance Pending Final Determination of Related Action Proceedings

Legal Issues

  1. 1 Whether the applicants are entitled to interim maintenance from the second respondent pending the final determination of the related action.
  2. 2 Whether the first applicant has locus standi to claim maintenance on behalf of the minor child.
  3. 3 Whether the quantum of maintenance claimed is reasonable and supported by evidence.

Ratio Decidendi

The court found that both applicants are entitled to interim maintenance from the second respondent, who is a nearer relative with substantial means. The first applicant has locus standi to claim maintenance for the minor child, as he is a co-holder of parental rights and guardianship. The quantum of maintenance was assessed based on reasonable necessities, with certain claimed expenses excluded. The minor child's entitlement to support was upheld, and criticisms of her expenses were rejected given the second respondent's financial position. The application to strike out irrelevant and prejudicial portions of the founding affidavit and annexures was granted to promote the orderly...

Court Disposition

Application for interim maintenance granted; application to strike out granted in part; costs awarded as specified.

Orders

  • Second Respondent is to pay First Applicant R11,080.00 per month.
  • Second Respondent is to pay Second Applicant R6,070.00 per month, payable to her mother on her behalf.