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South Africa decisions
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W.M.R v A.L.R and Others (12205/2022) [2023] ZAWCHC 107 (13 April 2023)
High Court PIE eviction case confirming the applicant’s right in the property and ordering the respondents to vacate after their occupation became unlawful.
N v N (A5050/2020; 36343/2014) [2022] ZAGPJHC 569 (16 August 2022)
The appeal was dismissed because the appellant failed to discharge the evidentiary burden to establish a reasonable doubt that his non-compliance with the divorce settlement court order was not wilful and mala fide. The appellant's claims of financial incapacity were unsupported by credible evidence and contradicted by his use of pension proceeds to purchase property. His belief that pending litigation excused non-compliance was legally unfounded. The court a quo correctly applied the principles of contempt and exercised its discretion in granting condonation for late filing of affidavits. Th…
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N.S.B v A.F.B (260/2019) [2022] ZAECMKHC 36 (7 June 2022)
Court dealt with continued civil contempt over non-compliance with a divorce settlement order, struck out offensive affidavit material, and dismissed a recusal bid.
N.A.N v S.S.N (87731/2019) [2021] ZAGPPHC 413 (7 June 2021)
High Court application to appoint a liquidator to sell former spouses’ jointly owned immovable property was granted, with suspension to allow payment from pension benefits.
Mohamed N.O v VGZ and Others (1372/2019) [2020] ZAECPEHC 20 (23 June 2020)
The court found that although the deceased estate remains the registered co-owner of the property, the divorce settlement agreement and the court order awarded the property to the first respondent and extinguished any personal claim by the deceased or his estate to division under actio communi dividundo. The failure to effect transfer does not revive the estate's right to division; rather, the appropriate remedy is enforcement of the first respondent's obligations under the settlement agreement. The impossibility of performance due to mortgage debt is subjective and does not void the agreemen…
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O.S v T.C (54838/2018) [2020] ZAGPPHC 134 (23 April 2020)
The court found the mother in contempt for repeatedly breaching access orders, but declined committal and instead granted declaratory and compliance-focused relief.
M.C.P v C.H.P (352/2019) [2019] ZANCHC 60 (20 December 2019)
The High Court dismissed a contempt application over post-divorce disclosure, but ordered the respondent to provide fuller financial details needed to calculate accrual.
N v N (223/2017) [2019] ZAFSHC 101 (28 June 2019)
The High Court dismissed a contempt application after the respondent paid R5000 before hearing. It ordered costs split according to when opposition became necessary.
A.C v D.C (61/2018) [2018] ZAECGHC 56 (19 June 2018)
The court enforced a divorce settlement requiring the respondent to buy a Grahamstown house for a trust and rejected a non-joinder objection.
P.R v J.R (M182/2015) [2017] ZANWHC 81 (15 December 2017)
The High Court enforced a divorce settlement clause requiring the respondent to purchase businesses for the applicant, finding his version far-fetched and unsupported.
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