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South Africa decisions
Decisions matching the current search
N.S v N.L.S (EL544/2024) [2025] ZAECELLC 12 (1 July 2025)
The court dismissed an application to compel compliance with a divorce settlement and rejected a contempt claim, finding alternative contractual remedies were not exhausted.
D.T.M and Another v M.C Van Der Berg Attorneys and Others (2025/028096) [2025] ZAGPPHC 387 (4 April 2025)
The court found that while a case may have been made out for the preservation of the funds, the relief sought was improper as the funds were not in the possession of the First or Second Respondent, but with the Third Respondent, against whom no relief was sought in the founding papers. The Applicants attempted to rely on the prayer for further and/or alternative relief to amend their claim at the hearing, but this was not justified by the facts set out in the founding affidavit and was procedurally irregular. The court held that such an amendment, sought at a late stage without proper notice…
Source excerpt
E.S v J.H.C.S (2022/17221) [2025] ZAGPJHC 275 (13 March 2025)
High Court application to uplift a notice of bar and amend divorce-settlement pleadings dismissed; absolution from the instance granted and costs awarded to the respondent.
D.L.H v A.D.H and Another (2014/11667) [2024] ZAGPJHC 1282 (13 December 2024)
High Court contempt application arising from a divorce settlement failed, with condonation refused for a late replying affidavit and no order made.
D.E.T v F.T (Leave to Appeal) (158730/2014) [2024] ZAGPJHC 1064 (22 October 2024)
The High Court dismissed an application for leave to appeal concerning appointment of a liquidator in a divorced couple’s joint estate, with costs.
M.S v Registrar of Deeds Cape Town and Others (14069/2024) [2024] ZAWCHC 328 (16 October 2024)
The High Court confirmed an interim interdict stopping transfer of jointly owned property, finding the sale to the fourth respondent was not shown to be a proper open-market sale.
L.C v J.C and Others (17335/2022) [2024] ZAWCHC 247 (9 September 2024)
The High Court dismissed an exception to a damages claim based on alleged fraudulent misrepresentation in a divorce settlement, finding the claim was not res judicata.
M.B v R.B (259/2023) [2024] ZASCA 116 (24 July 2024)
The SCA held that a later change of heart did not amount to a common mistake justifying variation of a divorce settlement agreement.
Shackleton Credit Management (Pty) Ltd v J.J.N and Others (1975/2013) [2024] ZAECQBHC 40 (14 May 2024)
The court dismissed an application to declare immovable property executable, finding the second respondent had only a personal right to transfer, not ownership, because registration had not occurred.
L.M v M.M (A5008/2021) [2024] ZAGPJHC 325 (28 March 2024)
The High Court dismissed an appeal about varying a divorce accrual order under Rule 42, holding the correction fixed a patent omission without changing substance.
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