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South Africa decisions
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Nkosi v Minister of Police (2706/2017) [2025] ZAMPMBHC 68 (1 August 2025)
The High Court held that the plaintiff proved a customary marriage or, alternatively, a relationship equivalent to a common-law partnership, and awarded loss of support damages.
G.M. v N.T. and Another (123653/2024) [2025] ZAGPJHC 769 (29 July 2025)
The High Court referred a dispute over the validity and possible dissolution of an alleged customary marriage to trial because the papers were insufficient to decide the issues.
N.A.T. v T.M.M. (2023/066211) [2025] ZAGPJHC 727 (22 July 2025)
The High Court dismissed an interlocutory application seeking declaratory relief about a marriage regime, holding that material disputes of fact required trial.
A.F.M. obo Minors v Road Accident Fund (17796/2022) [2025] ZAGPPHC 692 (7 July 2025)
The High Court dismissed a Road Accident Fund claim for loss of support, finding the plaintiff proved support rights but not negligence by another driver.
L.M.P v N.J.D.P (Appeal) (HCAA33/2024) [2025] ZALMPPHC 122 (19 June 2025)
Appeal upheld after the High Court found the trial proceeded on an imperfect stated case and unresolved facts about whether a customary marriage existed.
Mnisi and Another v Luthuli and Others (2024/016199) [2025] ZAGPJHC 554 (30 May 2025)
The High Court dismissed an application to rescind an order registering a customary marriage, finding no error in the prior order and no basis for further relief.
Wesbank, A Division of Firstrand Bank Limited v Bohlale Mothipa Group (Pty) Ltd and Another (120260/2023) [2025] ZAGPPHC 501 (15 May 2025)
The court found that the National Credit Act does not apply to the agreement in question because the first respondent is a juristic person with turnover exceeding the statutory threshold, rendering the agreement a 'large agreement.' The respondents' denial of this fact was found to be bold and sketchy, lacking particularity. The court held that the applicant was not required to attach a certificate of registration as a credit provider. The respondents failed to show compliance with the agreement, entitling the applicant to cancel the contract and claim return of the vehicle. The dilatory defe…
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I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC 464 (5 May 2025)
The High Court ordered a spouse to cooperate in selling a jointly owned home pending divorce, with proceeds held in trust after bond settlement.
Tlhale v Minister of Home Affairs and Others (2023/080241) [2025] ZAGPJHC 403 (28 March 2025)
The applicant failed to establish the existence of a valid customary marriage with the deceased. She did not provide evidence of the specific customary law requirements applicable to her community, nor did she present expert or independent testimony regarding those tenets. The factual disputes regarding the conclusion of lobola negotiations, payment of lobola, and performance of marriage rituals were material and not resolved in her favour. The respondent's version, supported by confirmatory affidavits from negotiation delegates, was accepted: lobola negotiations were not concluded, the initi…
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M.B.M v M.G (2023/126365) [2025] ZAGPJHC 337 (27 March 2025)
Divorce of a customary marriage was granted, the settlement agreement was made an order, and the defendant received 50% of the plaintiff’s pension interests.
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