South Africa Case Law

L v L (A3008/2021)

L v L (A3008/2021) [2022] ZAGPJHC 21 (1 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A3008/2021

Judges

L.B. Vuma, A. Maier-Frawley

The appeal succeeded because the court a quo misdirected itself by failing to properly apportion the maintenance obligations between the parents in light of their changed living arrangements and similar financial means. The court a quo acted beyond its powers in clarifying the September 2015 order and did not adequately consider all relevant circumstances, including the respondent's financial position and the appellant's expenses. The appellate court found that fairness required both parents to share the children's expenses equally, and that the appellant had shown good cause for substitution…

Source excerpt

• Maintenance Order Variation
• Joint Parental Obligation
• Apportionment Of Expenses
• Good Cause For Substitution
• Fairness In Maintenance
• Condonation Of Late Appeal

Cloete v Blignaut (53198/2013)

Cloete v Blignaut (53198/2013) [2016] ZAGPPHC 231 (14 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

53198/2013

Judge

RG Tolmay

The plaintiff sought reimbursement for children’s education and maintenance expenses under negotiorum gestio and unjust enrichment, but the High Court dismissed the claim.

• Maintenance Of Children
• Unjust Enrichment
• Negotiorum Gestio
• Duty Of Support
• Apportionment Of Expenses
• Child-maintenance

Forssman v Forssman (A3114/2006)

Forssman v Forssman (A3114/2006) [2007] ZAGPHC 156; 2008 (2) SA 144 (W); [2007] 4 All SA 1145 (W) (23 August 2007)

Court

High Courts - Gauteng

Case number

A3114/2006

Judges

Saldulker, Levenberg

Appeal against an increased child maintenance order dismissed. The court upheld the magistrate’s award, including school and medical expenses, and ordered costs against the appellant.

• Maintenance Increase
• Best Interests Of Child
• Parental Responsibilities
• Apportionment Of Expenses
• Private School Fees
• Child-maintenance