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South Africa Case Law

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Family And Children [2024] ZAGPJHC 1243

R.L.M.K v M.G.M (20421/2016)

R.L.M.K v M.G.M (20421/2016) [2024] ZAGPJHC 1243 (29 November 2024)

Court
South Gauteng High Court, Johannesburg
Case number
20421/2016
Judge
Hardy

The court found that the application was not urgent, as the applicant's financial difficulties were not of a sudden or immediate nature and could be addressed through ordinary rule 43 proceedings within a reasonable time. On the merits, the relief sought was unsustainable: the claim for a contribution towards legal costs related to past expenses, which are excluded by the divorce order requiring each party to pay their own costs; direct access to the respondent's bank accounts lacked any legal basis; and the claim for university fees was unsupported, as there was no order obliging the respond…

Source excerpt

  • Rule 43 Applications
  • Maintenance
  • Costs Contribution
  • Urgency
  • Access To Bank Accounts
  • University Fees
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Family And Children [2023] ZAKZDHC 78

S.K v C.A.K (D3535/2023)

S.K v C.A.K (D3535/2023) [2023] ZAKZDHC 78 (20 October 2023)

Court
Kwazulu-Natal High Court, Durban
Case number
D3535/2023
Judge
Dutton AJ

The court found that the applicant failed to make full and proper disclosure of his financial circumstances, particularly by omitting income from a close corporation and failing to provide supporting financial documents. The analysis of his bank statements revealed undisclosed income and significant expenditures on crypto-currency and online dating, often after receiving funds from the respondent under false pretenses. This conduct demonstrated financial irresponsibility and dishonesty, fatally undermining the application. The applicant was not before the court with 'clean hands', and the cou…

Source excerpt

  • Maintenance Pendente Lite
  • Financial Disclosure
  • Clean Hands Doctrine
  • Costs Contribution
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Civil Procedure [2021] ZAGPJHC 413

Kivetts v Brugmans (2020/4853)

Kivetts v Brugmans (2020/4853) [2021] ZAGPJHC 413 (13 September 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2020/4853
Judge
A. De Wet

The court found that the respondent had knowledge of the rule 43 order and failed to comply with its terms regarding cash maintenance, legal costs contribution, and delivery of the licence disc. The respondent's explanations for non-compliance, including alleged financial inability, were contradicted by evidence of available assets, credit, and continued expenditure on personal luxuries. The respondent failed to disclose the financial affairs of the trust and did not use available proceeds from the sale of property or credit facilities to comply with the order. The court held that the respond…

Source excerpt

  • Contempt Of Court
  • Rule 43 Application
  • Maintenance Pendente Lite
  • Costs Contribution
  • Wilful Non Compliance
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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.