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South Africa Case Law

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Family And Children [2012] ZAWCHC 51

Gunter v Executor in the Estate of the Late Chrisitian France Gunter (20342/2008)

Gunter v Executor in the Estate of the Late Chrisitian France Gunter (20342/2008) [2012] ZAWCHC 51; 2013 (4) SA 387 (WCC) (6 June 2012)

Court
Western Cape High Court, Cape Town
Case number
20342/2008
Judge
Gangen

The court held that the relief provided for in Section 7 of the Divorce Act is strictly ancillary to a decree of divorce and cannot be granted where the marriage has already been dissolved by death. The cause of action for divorce and its ancillary relief is extinguished upon the death of a spouse, regardless of whether litis contestatio has been reached. The redistribution order is a personal right between spouses and does not survive the dissolution of marriage by death. The authorities cited by the plaintiff regarding transmissibility of claims after litis contestatio were found irrelevant…

Source excerpt

  • Divorce Act Section 7
  • Redistribution Order
  • Ancillary Relief
  • Litis Contestatio
  • Maintenance Of Surviving Spouses
  • Personal Rights In Family Law
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Civil Procedure [2012] ZAGPJHC 64

Juchniewicz and Another v Rijavec and Another, In re: Rijavec and Another v Juchniewicz and Others (08/26088)

Juchniewicz and Another v Rijavec and Another, In re: Rijavec and Another v Juchniewicz and Others (08/26088) [2012] ZAGPJHC 64 (18 April 2012)

Court
South Gauteng High Court, Johannesburg
Case number
08/26088
Judge
P Coppin

The court held that it had not made any order regarding qualifying fees in the main judgment because the issue was not raised by either party at trial. The application for qualifying fees was not an attempt to vary the costs order, but rather to seek ancillary relief that could have been granted had it been requested at the appropriate time. The court found that the application was brought within a reasonable time and that the defendants were not at fault for the delay. The qualifying fees for Drs Edeling and Mazabow were reasonable and necessary, and the court exercised its discretion to all…

Source excerpt

  • Costs Order
  • Qualifying Fees
  • Functus Officio
  • Ancillary Relief
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.