Thomas v Balepile (61/2021; CA&R 68/23)
Thomas v Balepile (61/2021; CA&R 68/23) [2024] ZANCHC 4 (26 January 2024)
The Maintenance Act expressly prescribes a special remedy for persons against whom default orders have been made, namely, an application to the Maintenance Court for variation or setting aside of such orders under Section 18. The intention of the Legislature, as determined by the language and scope of the Act, is to confine parties seeking to impugn a default order to this statutory remedy. The special review procedure is not appropriate where the Act provides a specific remedy. The absence of records and the circumstances of the granting of the order do not justify bypassing the statutory pr…
Source excerpt
- Maintenance Act Section 18
- Default Orders
- Special Review Procedure