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South Africa Case Law

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Family And Children [2025] ZAFSHC 153

Moloi v Nkosi and Others (1713/2025)

Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025)

Court
Free State High Court, Bloemfontein
Case number
1713/2025
Judge
Deane, AJ

The court found that the applicant failed to discharge the burden of proving the existence of a valid customary marriage with the deceased prior to his civil marriage with the first respondent. The matter was brought by way of motion proceedings, despite the presence of material factual disputes regarding the existence and validity of the alleged customary marriage. The affidavits submitted by both parties presented conflicting versions, and the absence of oral evidence prevented the court from assessing credibility and resolving these disputes. Applying the Plascon-Evans rule, the court dete…

Source excerpt

  • Recognition Of Customary Marriage
  • Motion Proceedings
  • Burden Of Proof
  • Conflicting Affidavits
  • Application Of Plascon Evans Rule
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Land And Property [2013] ZAGPJHC 65

Faber v Nazerian (2012/42735)

Faber v Nazerian (2012/42735) [2013] ZAGPJHC 65 (15 April 2013)

Court
South Gauteng High Court, Johannesburg
Case number
2012/42735
Judge
Molahlehi

The Court found that the applicant failed to discharge the onus of proving that the respondent breached the written usufruct agreement. The evidence presented did not establish that the property was not maintained as required, nor did it show that repainting was necessary for maintenance rather than a luxury. The applicant's reliance on new material in the replying affidavit was rejected, as it related to facts she ought to have known and should have included in her founding affidavit. The respondent's denial of any oral undertaking was accepted, and the applicant did not provide sufficient e…

Source excerpt

  • Usufruct Agreement
  • Specific Performance
  • Maintenance Obligation
  • Motion Proceedings
  • Conflicting Affidavits
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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.