Hardie v Jansen and Others (19339/2014)
Hardie v Jansen and Others (19339/2014) [2015] ZAWCHC 104 (30 July 2015)
The court found, on the balance of probabilities and in light of overwhelming expert medical evidence, that Professor Hardie suffered from advanced dementia and Parkinson's disease at the time of the marriage. His cognitive impairments were severe, and he lacked the capacity to understand the nature and consequences of marriage. The marriage officer's concerns, corroborated by contemporaneous notes and medical reports, further supported the conclusion that the deceased could not provide valid consent. The first respondent failed to present credible evidence to refute the medical findings and…
Source excerpt
- Capacity To Marry
- Nullity Of Marriage
- Mental Incapacity
- Declaratory Relief
- Costs Order