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South Africa decisions
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M.A.M v M.E.M (2023/124378) [2024] ZAGPJHC 1047 (15 October 2024)
The High Court found the respondent in contempt for failing to comply with a divorce settlement order, and directed transfer-related steps and punitive costs.
G.M.N v K.D.N (41019/2020) [2023] ZAGPJHC 815 (18 July 2023)
The High Court dismissed an application for leave to appeal against a rescission refusal, finding no reasonable prospects of success and ordering attorney-and-client costs.
M v B and Another (2328/1993) [2022] ZAGPJHC 804 (14 October 2022)
The High Court refused leave to appeal in a maintenance enforcement matter, holding that the applicant showed no reasonable prospects of success under section 17.
Nolte v Greeff (HCAA12/2020) [2021] ZALMPPHC 57 (31 August 2021)
Appeal against dismissal of a provisional sequestration application dismissed because the debt was bona fide disputed and insolvency was not established.
N.M v T.M (Born S) (10393/2017) [2020] ZAGPPHC 57 (14 February 2020)
The High Court dismissed an application to partially rescind a default divorce order, holding that the settlement agreement remained enforceable and the applicant showed no bona fide defence.
KM v SM (357/2018) [2019] ZAFSHC 124 (22 July 2019)
The court dismissed a prescription special plea, holding that the plaintiff’s claim for 50% of pension interest was based on the divorce judgment and prescribed after 30 years.
S.M.S v V.R.S (181/2015) [2019] ZALMPPHC 5 (15 March 2019)
The court found that all requirements for a valid customary marriage under section 3 of the Recognition of Customary Marriages Act were met, including the essential rituals and counselling. The defendant's objection regarding the location of the beast slaughtering was deemed inconsequential, as the parties' families were not informed of this requirement and further celebrations occurred at the defendant's church. The subsequent civil marriage was governed by an informal antenuptial contract, which was registered within the statutory period, making it binding both inter partes and against thir…
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N.K v D.K (2016/06073) [2019] ZAGPJHC 18 (17 January 2019)
The High Court dismissed an application to rescind a divorce order, finding no reasonable explanation for default and no bona fide defence to redistribution relief.
M M v M M and Another (3019/2014) [2018] ZAFSHC 192 (6 December 2018)
The court held that a deed of settlement incorporated into a divorce decree constitutes a court order enforceable by writ of execution, provided the obligation is clear and quantifiable. The applicant’s liability for payment of tertiary or post-school expenses was established in clause 2.3 of the settlement agreement. The arguments raised by the applicant regarding locus standi, irregularity of the warrant, and the nature of the child’s education were found to be without merit. The court found no reason to set aside or rescind the warrant of execution, as the settlement agreement was properly…
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P.R.V v E.V (A515/2016, 60053/2016) [2018] ZAGPPHC 611 (16 April 2018)
High Court appeal in a divorce matter held that the parties did not agree to exclude accrual, so the ante-nuptial contract was rectified to include it.
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