M v M and Another (2011/12734)
M v M and Another (2011/12734) [2011] ZAGPJHC 176 (23 November 2011)
The court held that the plaintiff's maintenance claim under section 7(2) of the Divorce Act constitutes a single cause of action, even if it comprises several components. The respondent's objections, based on the inclusion of claims for lump sum payments and resettlement allowances, do not render the particulars of claim excipiable, as the principle in Dharumpal Transport allows for multiple claims arising from one cause of action. The court found that, even if certain prayers are not sustainable under section 7(2), they amount to a plus petitio and do not prejudice the respondent's ability t…
Source excerpt
- Divorce Act Section 7
- Maintenance Claims
- Antenuptial Contracts
- Amendment Of Pleadings
- Plus Petitio
- Exception To Pleadings