K v P (09/41473)
K v P (09/41473) [2010] ZAGPJHC 93 (15 October 2010)
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…
Source excerpt
- Customary Marriage Nullity
- Actio Iniuriarum
- Dignity Impairment
- Misrepresentation
- Bigamy
- Damages Assessment