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South Africa Case Law

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Civil Procedure [2025] ZANCHC 68

RB v ES (2321/2016)

RB v ES (2321/2016) [2025] ZANCHC 68 (1 August 2025)

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success or other compelling reason to hear the appeal.

  • Leave To Appeal
  • Accrual Claim
  • Trust Property
  • Matrimonial Property Act
  • Costs Award
  • Leave-to-appeal
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Family And Children [2024] ZAGPJHC 767

Gross v D.M (2021/43212)

Gross v D.M (2021/43212) [2024] ZAGPJHC 767; 2025 (2) SA 172 (GJ) (6 August 2024)

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.

  • Divorce Jurisdiction
  • Peregrinus Attachment
  • Constitutional Invalidity
  • Development Of Common Law
  • Accrual Claim
  • Access To Court
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Civil Procedure [2022] ZAGPPHC 872

Coetzer and Others v Coetzer (A85/19)

Coetzer and Others v Coetzer (A85/19) [2022] ZAGPPHC 872 (8 November 2022)

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.

  • Variation Of Order
  • Accrual Claim
  • Trust Property
  • Costs Award
  • Rule-42-variation
  • Patent-error
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Family And Children [2020] ZAGPJHC 228

N D v M D (24953/2019)

N D v M D (24953/2019) [2020] ZAGPJHC 228; [2021] 1 All SA 909 (GJ) (16 September 2020)

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…

  • Matrimonial Property Act
  • Accrual Claim
  • Interim Interdict
  • Immediate Division Of Accrual
  • Anti Dissipation
  • Burden Of Proof
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Family And Children [2013] ZAGPJHC 204

De Lange v Smit and Others (12987/2013)

De Lange v Smit and Others (12987/2013) [2013] ZAGPJHC 204 (29 June 2013)

High Court held that the sale in execution of the applicant’s accrual claim was set aside, but refused to remove the court-appointed referee.

  • Accrual Claim
  • Sale In Execution
  • Locus Standi
  • Removal Of Referee
  • Abuse Of Process
  • Sale-in-execution
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.