South Africa Case Law

Labuschagne v Labuschagne and Others (A9.2015)

Labuschagne v Labuschagne and Others (A9.2015) [2016] ZAFSHC 163 (22 September 2016)

Court

Free State High Court, Bloemfontein

Case number

A9/15

Judges

Van Zyl, Rampai, Chesiwe

The court found that the first respondent did not have sufficient information to formulate a sustainable cause of action for payment of her share of the appellant's pension benefits. The appellant's obstructive conduct and lack of cooperation, coupled with the failure of the second respondent to provide information, constituted exceptional circumstances justifying deviation from normal discovery procedures. The misnomer in the divorce order regarding the pension fund was deemed a patent error and did not affect the first respondent's entitlement, as the appellant was a member of the Transnet…

Source excerpt

• Pension Interest Division
• Discovery Before Action
• Exceptional Relief
• Divorce Order Enforcement

Birch t/a LF Birch & Son v Marqwe Produce (Pty) Ltd (17018/09)

Birch t/a LF Birch & Son v Marqwe Produce (Pty) Ltd (17018/09) [2010] ZAGPPHC 304 (16 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

17018/09

Judge

Msimeki

The court enforced a respondent’s undertaking to provide export and inspection documents about disputed ostrich meat, distinguishing the request from premature discovery.

• Specific Performance
• Discovery Before Action
• Contractual Undertaking
• Discovery-before-action
• Contractual-undertaking
• Civil-procedure