South Africa Case Law

Kgosi v Kgosi and Others (6134/2022)

Kgosi v Kgosi and Others (6134/2022) [2023] ZAGPPHC 715 (21 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

6134/2022

Judge

L Badenhorst

The court found that there is a genuine and material dispute of fact regarding whether the First Respondent was an innocent party unaware of the Deceased's prior marriage to the Applicant. The evidence presented, including video clips and translations, cannot be properly adjudicated in motion proceedings, and the First Respondent was prejudiced by not having an opportunity to respond. The court exercised its discretion under Uniform Rule 6(5)(g) to refer the matter to oral evidence on the specific issues of the existence of a putative marriage and the extent of the First Respondent's contribu…

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• Putative Marriage
• Intestate Succession
• Community Of Property
• Oral Evidence In Motion Proceedings
• Bigamy
• Children Inheritance Rights

Modise v The Master of the High Court of South Africa and Others (2019/42772)

Modise v The Master of the High Court of South Africa and Others (2019/42772) [2021] ZAGPJHC 595 (4 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2019/42772

Judge

K.E. Matojane

The High Court dismissed a constitutional challenge to intestate succession and maintenance provisions, holding the applicant lacked locus standi and the marriage was invalid.

• Equality Clause
• Intestate Succession
• Maintenance Of Surviving Spouses
• Bigamy
• Locus Standi
• Customary Marriage

K v P (09/41473)

K v P (09/41473) [2010] ZAGPJHC 93 (15 October 2010)

Court

South Gauteng High Court, Johannesburg

Case number

09/41473

Judge

D S S Moshidi

The court found that the plaintiff had satisfied all requirements for a valid customary marriage except for registration, which was rendered impossible due to the defendant's subsisting civil marriage. The defendant's failure to disclose his marital status constituted a material misrepresentation and wrongful conduct, causing the plaintiff humiliation and impairment of dignity. The marriage was declared void ab initio. The plaintiff's claim for general damages under the actio iniuriarum was upheld, but the amount claimed was reduced to R45,000. The court considered the plaintiff's personal ci…

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• Customary Marriage Nullity
• Actio Iniuriarum
• Dignity Impairment
• Misrepresentation
• Bigamy
• Damages Assessment

Ngobeni v Ngobeni (24844/03)

Ngobeni v Ngobeni (24844/03) [2005] ZAGPHC 53 (12 May 2005)

Court

High Courts - Gauteng

Case number

24844/03

Judge

Ranchod

The court held that the applicant remained the deceased’s lawful wife, declared the respondent’s civil marriage null and void, and dismissed the counterclaim.

• Nullity Of Marriage
• Customary Law Marriage
• Bigamy
• Putative Marriage
• Succession Rights
• Nullity-of-marriage