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South Africa Case Law

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Family And Children [2014] ZAGPPHC 787

R.D.S v C.V.D.W (12537/12)

R.D.S v C.V.D.W (12537/12) [2014] ZAGPPHC 787 (2 October 2014)

The High Court awarded a wife R85,000 for adultery and alienation of affection after finding the defendant knowingly interfered with her marriage.

  • Adultery
  • Alienation Of Affection
  • Loss Of Comfort And Society
  • Damages Quantification
  • Alienation-of-affection
  • Damages
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Delict [2013] ZAGPPHC 11

Erasmus v Heine (39407/2010)

Erasmus v Heine (39407/2010) [2013] ZAGPPHC 11 (28 January 2013)

The court found that the plaintiff had proved, on a balance of probabilities, that the defendant intentionally led astray the plaintiff's wife, resulting in the alienation of her affection and the breakdown of the marriage. The evidence, including photographs, emails, and phone records, supported the existence of a romantic relationship between the defendant and the plaintiff's wife prior to the dissolution of the marriage. The defendant's denial of sexual intimacy was rejected as improbable given the escalating romantic conduct. The court held that the plaintiff was entitled to a composite a…

  • Adultery
  • Alienation Of Affection
  • Loss Of Consortium
  • Quantum Of Damages
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Delict [2005] ZAGPHC 67

Seroot v Pieterse (33377/05)

Seroot v Pieterse (33377/05) [2005] ZAGPHC 67 (13 June 2005)

High Court damages claim over adultery and alienation of affection succeeded in part. The court found an intimate relationship but not enticement, and awarded R15,000.

  • Loss Of Consortium
  • Alienation Of Affection
  • Adultery
  • Actio Iniuriarum
  • Dignity Invasion
  • Loss-of-consortium
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Delict [2004] ZAFSHC 169

N v B (3398/2003)

N v B (3398/2003) [2004] ZAFSHC 169 (22 October 2004)

The court dismissed claims for alienation of affection and adultery, finding no proof that the defendant enticed the husband away or caused actionable loss.

  • Alienation Of Affection
  • Adultery
  • Contumelia
  • Loss Of Consortium
  • Actio Iniuriarum
  • Alienation-of-affection
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Family And Children [1984] ZASCA 79

Schwartz v Schwartz (79/82)

Schwartz v Schwartz (79/82) [1984] ZASCA 79; [1984] 4 All SA 645 (AD) ; 1984 (4) SA 467 (A) (17 August 1984)

The court granted a divorce after finding the marriage had irretrievably broken down, and ordered that the joint estate be divided equitably.

  • Divorce Act 1979
  • Alienation Of Affection
  • Division Of Joint Estate
  • Divorce
  • Irretrievable-breakdown
  • Joint-estate
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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.