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South Africa Case Law

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Family And Children [2024] ZAFSHC 64

M.S v P.S - Leave to Appeal (1334/2018)

M.S v P.S - Leave to Appeal (1334/2018) [2024] ZAFSHC 64 (5 March 2024)

The High Court refused leave to appeal in a maintenance and settlement dispute, finding no reasonable prospects of success or compelling reason under section 17.

  • Maintenance Obligation
  • Deed Of Settlement
  • Leave To Appeal
  • Wilful Disobedience
  • Interpretation Of Contract
  • Leave-to-appeal
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Civil Procedure [2024] ZALMPTHC 2

T.M.R v M.R.R - Reasons (184/2004)

T.M.R v M.R.R - Reasons (184/2004) [2024] ZALMPTHC 2 (16 January 2024)

The applicant failed to bring the variation application within a reasonable time, launching it seventeen years after the divorce order. No substantive application for condonation was made, and the founding affidavit did not set out the requirements for condonation. A conditional prayer for condonation in the notice of motion does not suffice. The court is bound by the pleadings and cannot exercise discretion to grant condonation in the absence of a proper application. The respondent's point in limine for lack of condonation succeeds, and the application is dismissed with costs.

  • Condonation
  • Variation Of Court Order
  • Deed Of Settlement
  • Delay In Application
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Land And Property [2023] ZANCHC 24

Alexkor (SOC) Limited v Richtersveld Mining Company (Pty) Ltd and Others (964/2016)

Alexkor (SOC) Limited v Richtersveld Mining Company (Pty) Ltd and Others (964/2016) [2023] ZANCHC 24 (2 June 2023)

The High Court amended and extended a long-running rule nisi over PSJV board representation, replacing court-appointed members with elected community representatives.

  • Deed Of Settlement
  • Interim Relief
  • Board Appointment
  • Community Restitution
  • Land Claims Court Orders
  • Civil-procedure
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Family And Children [2023] ZAFSHC 170

M.M.L v J.J.L (A66/2023)

M.M.L v J.J.L (A66/2023) [2023] ZAFSHC 170 (18 May 2023)

The court found that the appellant was cohabiting with Mr Coetzee within the meaning of the dum casta clause in the Deed of Settlement. The evidence established that Mr Coetzee regularly stayed at the appellant's residence, contributed financially, stored personal items, and maintained an intimate relationship with the appellant. The appellant's explanations regarding certain evidence were not persuasive, and the probabilities favoured the respondent's version. The maintenance obligation was therefore terminated. Additionally, the appellant was responsible for the wasted costs of postponement…

  • Dum Casta Clause
  • Maintenance Obligation
  • Cohabitation
  • Deed Of Settlement
  • Costs Of Appeal
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Family And Children [2023] ZANWHC 20

M.B v R.B (CIV/APP/RC05/2022)

M.B v R.B (CIV/APP/RC05/2022) [2023] ZANWHC 20 (28 February 2023)

The High Court dismissed an appeal as premature because the Regional Court’s order appointing a liquidator was interlocutory and not finally determinative.

  • Variation Of Court Order
  • Deed Of Settlement
  • Interlocutory Orders
  • Appealability
  • Magistrates Court Act Section 36
  • Interlocutory-orders
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Family And Children [2017] ZAFSHC 192

W v W (2463/2017)

W v W (2463/2017) [2017] ZAFSHC 192 (29 September 2017)

The High Court dismissed an application to end maintenance and medical aid obligations because the applicant failed to prove permanent cohabitation on the papers.

  • Maintenance Obligations
  • Cohabitation Clause
  • Deed Of Settlement
  • Divorce Order
  • Maintenance-obligations
  • Cohabitation-clause
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Family And Children [2017] ZAFSHC 95

N v N. N.O (1230/2016)

N v N. N.O (1230/2016) [2017] ZAFSHC 95 (15 June 2017)

Divorce settlement dispute over sale proceeds from jointly owned property and whether the plaintiff complied with transfer conditions.

  • Division Of Joint Estate
  • Deed Of Settlement
  • Transfer Of Property
  • Arrear Rates And Taxes
  • Deed-of-settlement
  • Division-of-joint-estate
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Civil Procedure [2014] ZAFSHC 233

T v T (3094/2013)

T v T (3094/2013) [2014] ZAFSHC 233 (16 October 2014)

The respondent admitted non-compliance with the court order requiring him to render a full account, supported by vouchers, of the Bloemfontein physiotherapy practice. The applicant proved the existence of the order, service upon the respondent, and his non-compliance. The respondent failed to provide sufficient evidence to rebut the presumption of wilfulness and mala fides. His actions demonstrated a contumacious disrespect for judicial authority and a lack of good faith, as he only provided some documents at a late stage and did not offer cogent reasons for his failure to comply. The court f…

  • Contempt Of Court
  • Deed Of Settlement
  • Enforcement Of Court Orders
  • Divorce Settlement
  • Costs Order
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Family And Children [2013] ZAFSHC 229

V v V and Another (2962/2013)

V v V and Another (2962/2013) [2013] ZAFSHC 229 (28 November 2013)

The High Court held that the respondent’s maintenance had not lapsed, finding no proven cohabitation as husband and wife and upholding enforcement by warrant.

  • Maintenance Order
  • Deed Of Settlement
  • Warrant Of Execution
  • Termination Of Maintenance
  • Enforcement Of Court Order
  • Maintenance-order
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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.