South Africa Case Law

Levy v Levy (494/89)

Levy v Levy (494/89) [1991] ZASCA 81; 1991 (3) SA 614 (AD); [1991] 2 All SA 407 (A) (30 May 1991)

Court

Supreme Court of Appeal

Case number

494/89

Judges

Hefer, Kumleben, Kriegel

The Supreme Court of Appeal held that the plaintiff should have been permitted to withdraw her particulars of claim, as there was no abuse of process. Upon withdrawal, the defendant's counterclaim became the main claim, and the plaintiff's envisaged counterclaim was permissible as a response. The court confirmed that South African law does not allow a counterclaim to a counterclaim unless the main claim is withdrawn. The court further held that, under the Divorce Act 70 of 1979, once irretrievable breakdown is established, the court lacks discretion to refuse a decree of divorce. The plaintif…

Source excerpt

• Divorce Act 1979
• Withdrawal Of Claim
• Counterclaim Procedure
• Irretrievable Breakdown
• Judicial Discretion

Schwartz v Schwartz (79/82)

Schwartz v Schwartz (79/82) [1984] ZASCA 79; [1984] 4 All SA 645 (AD) ; 1984 (4) SA 467 (A) (17 August 1984)

Court

Supreme Court of Appeal

Case number

79/82

Judges

Corbett, Kotze, Joubert

The court granted a divorce after finding the marriage had irretrievably broken down, and ordered that the joint estate be divided equitably.

• Divorce Act 1979
• Alienation Of Affection
• Division Of Joint Estate
• Divorce
• Irretrievable-breakdown
• Joint-estate