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South Africa Case Law

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Civil Procedure [2022] ZAFSHC 129

T.A.M v M.F.M (1275/2021)

T.A.M v M.F.M (1275/2021) [2022] ZAFSHC 129 (12 May 2022)

The High Court dismissed an application to rescind a default divorce order, holding that the applicant failed to explain a seven-month delay reasonably.

  • Rescission Of Judgment
  • Default Divorce Order
  • Condonation
  • Reasonable Time Requirement
  • Division Of Joint Estate
  • Spousal Maintenance
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Civil Procedure [2017] ZAGPPHC 27

A.O v M.O (73754/14)

A.O v M.O (73754/14) [2017] ZAGPPHC 27 (3 February 2017)

The High Court dismissed an application to rescind a default divorce order, finding no reasonable explanation for default, no bona fide defence, and no proof of a prior Algeria marriage.

  • Rescission Of Judgment
  • Default Divorce Order
  • Maintenance Variation
  • Division Of Property
  • Rescission-of-judgment
  • Default-judgment
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Family And Children [2006] ZAGPHC 90

Pillay v Pillay (7942/06)

Pillay v Pillay (7942/06) [2006] ZAGPHC 90 (7 September 2006)

The court rescinded a default divorce judgment after finding the applicant reasonably believed the action had been stopped and had not wilfully defaulted.

  • Rescission Of Judgment
  • Default Divorce Order
  • Maintenance
  • Custody And Access
  • Rescission-of-judgment
  • Default-judgment
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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.