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South Africa decisions
Decisions matching the current search
Phiri v Phiri and Others (39223/2011) [2016] ZAGPPHC 341 (14 March 2016)
Leave to appeal was dismissed for defective Rule 49 grounds and, alternatively, because there was no reasonable prospect of success.
D v D (A3079/15) [2016] ZAGPJHC 31 (12 February 2016)
The court found that the appellant provided a reasonable and bona fide explanation for her absence at the divorce trial, which was due to an error by her attorney and not wilful or grossly negligent conduct. The appellant demonstrated a valid defence and counterclaim regarding the patrimonial consequences of the marriage. The court held that it is competent to rescind only the proprietary aspects of the divorce judgment, specifically the division of the joint estate, without disturbing the divorce decree itself. This approach avoids the impracticality and injustice of returning the parties to…
Source excerpt
R.M v M.M (52110/2007) [2011] ZAGPPHC 155 (27 May 2011)
The court partly rescinded a default divorce order after finding the applicant’s absence was not wilful, but left the divorce and child-related orders in place.
Keshav v Kesnav (13336/04) [2008] ZAGPHC 416; 2008 (5) SA 431 (W) (14 March 2008)
The court granted a divorce after finding the child’s welfare arrangements were satisfactory, then requested a family advocate inquiry into access.
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