Gross v D.M (2021/43212) [2024] ZAGPJHC 767; 2025 (2) SA 172 (GJ) (6 August 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2021/43212
Judge
Windell
High Court dismissed a peregrinus jurisdiction exception in a divorce action, holding the pleaded constitutional challenge and common-law development claim raised a triable issue.
Coetzer and Others v Coetzer (A85/19) [2022] ZAGPPHC 872 (8 November 2022)
Court
North Gauteng High Court, Pretoria
Case number
A85/19
Judges
Madiba SS, Ndlokovane N, Tlhapi VV
The High Court varied an earlier appeal order under Rule 42(1)(b) to correct a patent error and substituted it with dismissal of all claims with costs.
N D v M D (24953/2019) [2020] ZAGPJHC 228; [2021] 1 All SA 909 (GJ) (16 September 2020)
Court
South Gauteng High Court, Johannesburg
Case number
24953/2019
Judge
Gilbert AJ
The applicant failed to demonstrate, on the Plascon-Evans approach, that she will be the beneficiary of an accrual claim and is therefore not entitled to immediate division of the accrual under section 8(1) of the Matrimonial Property Act. However, she established a prima facie right, although open to some doubt, to an accrual claim and a reasonable apprehension of prejudice due to the respondent's conduct. The court found that interim interdictory relief is warranted to preserve her contingent right to share in the accrual pending determination of the accrual claim in the divorce action. The…