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South Africa decisions
Decisions matching the current search
V.I v G.I.I (B1349/2023) [2025] ZAGPPHC 163 (17 February 2025)
The High Court rescinded a divorce order granted in the respondent’s absence, finding the applicant had good cause and a bona fide defence.
R L v M L (5462/2008) [2020] ZAFSHC 211 (12 November 2020)
The court found that the applicant failed to establish that the respondent committed fraud or misled her regarding the divorce proceedings. The evidence showed that the respondent was transparent about his intention to divorce and informed the applicant of the finalisation. The applicant's version was inconsistent, adapted over time, and corroborated rather than contradicted the respondent's account. The alleged fraudulent misrepresentation occurred after the divorce, not at the time of the proceedings. The application for rescission was not filed within a reasonable time, and the applicant f…
Source excerpt
M.C.Y v P.T (8053/2013) [2014] ZAGPPHC 917 (5 November 2014)
The High Court set aside a divorce decree incorporating a disputed settlement agreement, held the marriage remained out of community of property, and awarded costs.
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