South Africa Case Law

S.T.C v K.Z.K (069787/2023)

S.T.C v K.Z.K (069787/2023) [2024] ZAGPJHC 1066 (21 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

069787/2023

Judge

F. Marcandonatos

The court found that the applicant, an admitted advocate, failed to provide a satisfactory and detailed explanation for the delay in filing his plea and did not disclose prospects of success in his founding affidavit. His conduct demonstrated disregard for the rules, including failure to serve the application, upload documents, and comply with procedural requirements. The applicant's constitutional right to access the court does not override the necessity to comply with procedural rules and requirements for condonation. Regarding the counterclaim, the court held that it was not delivered simu…

Source excerpt

• Upliftment Of Bar
• Irregular Proceedings
• Condonation
• Counterclaim Procedure
• Divorce Action

Van Wyk v Van Wyk (507/2017)

Van Wyk v Van Wyk (507/2017) [2024] ZAECELLC 46 (16 September 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

507/2017

Judge

Hartle

The court ordered the plaintiff to pay the defendant’s wasted costs after a mistaken case management conference notice compelled attendance in a part-heard divorce trial.

• Case Management Conference
• Rule 37
• Wasted Costs
• Divorce Action
• Wasted-costs
• Case-management-conference

M.K v C.K (2023/030132)

M.K v C.K (2023/030132) [2024] ZAGPJHC 487 (15 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/030132

Judge

H.D.C Pretorius

The court granted leave to amend divorce pleadings and split costs: the applicant pays costs occasioned by the amendment, while the respondent pays costs of opposing it.

• Amendment Of Pleadings
• Costs Awards
• Forfeiture Of Patrimonial Benefits
• Divorce Action
• Amendment-of-pleadings
• Costs-awards

LP v MP (31812/2021)

LP v MP (31812/2021) [2021] ZAGPJHC 398 (20 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

31812/2021

Judge

S D J Wilson

The court found that the respondent's financial disclosures were selective and unreliable, and that his true income was understated. Analysis of bank statements revealed monthly credits and payments exceeding his declared income, indicating greater financial capacity. The applicant's maintenance claim was reasonable and moderate, reflecting the standard of living during the marriage. The respondent's failure to tender any maintenance initially was inconsistent with his legal obligations. The court concluded that the applicant was entitled to the full maintenance claimed and a contribution to…

Source excerpt

• Maintenance Pendente Lite
• Contribution To Legal Costs
• Rule 43 Proceedings
• Assessment Of Means
• Standard Of Living
• Divorce Action

R.D.V v I.J.D.V (81157/2017)

R.D.V v I.J.D.V (81157/2017) [2021] ZAGPPHC 209 (24 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

81157/2017

Judge

N Janse van Nieuwenhuizen

The court ordered the plaintiff to pay wasted costs after insisting on an open court hearing despite a COVID-19 virtual hearing directive.

• Wasted Costs
• Virtual Hearings
• Covid19 Court Directives
• Divorce Action
• Wasted-costs
• Virtual-hearings

M C v F D (5544/2017)

M C v F D (5544/2017) [2020] ZAGPJHC 19 (30 January 2020)

Court

South Gauteng High Court, Johannesburg

Case number

5544/2017

Judge

L T Modiba

The High Court struck out the respondent’s defence and counterclaim in a divorce matter and ordered punitive costs after a withdrawn recusal application.

• Divorce Action
• Primary Residence Of Children
• Rule 43 Variation
• Recusal Application
• Punitive Costs
• Divorce-action

V.A.V v T.L.V (DIV90/2013)

V.A.V v T.L.V (DIV90/2013) [2015] ZANWHC 83 (17 September 2015)

Court

North West High Court, Mafikeng

Case number

DIV90/2013

Judge

R D Hendricks

High Court divorce discovery ruling limiting Rule 35 documents to those originating after litis contestatio and allowing costs to stand in the divorce action.

• Discovery Procedure
• Divorce Action
• Relevance Of Documents
• Rule 35 Application
• Discovery-procedure
• Divorce-action