M.S v P.S - Leave to Appeal (1334/2018) [2024] ZAFSHC 64 (5 March 2024)
Court
Free State High Court, Bloemfontein
Case number
1334/2018
Judge
Naidoo
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.
T.M.R v M.R.R - Reasons (184/2004) [2024] ZALMPTHC 2 (16 January 2024)
Court
Limpopo High Court, Thohoyandou
Case number
184/2004
Judge
IM Khosa
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.
Alexkor (SOC) Limited v Richtersveld Mining Company (Pty) Ltd and Others (964/2016) [2023] ZANCHC 24 (2 June 2023)
Court
Northern Cape High Court, Kimberley
Case number
964/2016
Judge
Williams
The High Court amended and extended a long-running rule nisi over PSJV board representation, replacing court-appointed members with elected community representatives.
M.M.L v J.J.L (A66/2023) [2023] ZAFSHC 170 (18 May 2023)
Court
Free State High Court, Bloemfontein
Case number
A66/2023
Judges
N.M. MBHELE, S. TSANGARAKIS
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…
M.B v R.B (CIV/APP/RC05/2022) [2023] ZANWHC 20 (28 February 2023)
Court
North West High Court, Mafikeng
Case number
CIV/APP/RC05/2022
Judges
M Malowa, JT Djaje
The High Court dismissed an appeal as premature because the Regional Court’s order appointing a liquidator was interlocutory and not finally determinative.
W v W (2463/2017) [2017] ZAFSHC 192 (29 September 2017)
Court
Free State High Court, Bloemfontein
Case number
2463/2017
Judge
C Reinders
The High Court dismissed an application to end maintenance and medical aid obligations because the applicant failed to prove permanent cohabitation on the papers.
T v T (3094/2013) [2014] ZAFSHC 233 (16 October 2014)
Court
Free State High Court, Bloemfontein
Case number
3094/2013
Judge
Naidoo
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…
V v V and Another (2962/2013) [2013] ZAFSHC 229 (28 November 2013)
Court
Free State High Court, Bloemfontein
Case number
2962/2013
Judge
L. M. Sesele
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.