South Africa Case Law

M.M.L v J.J.L (A66/2023)

M.M.L v J.J.L (A66/2023) [2023] ZAFSHC 170 (18 May 2023)

Court

Free State High Court, Bloemfontein

Case number

A66/2023

Judges

N.M. MBHELE, S. TSANGARAKIS

The court found that the appellant was cohabiting with Mr Coetzee within the meaning of the dum casta clause in the Deed of Settlement. The evidence established that Mr Coetzee regularly stayed at the appellant's residence, contributed financially, stored personal items, and maintained an intimate relationship with the appellant. The appellant's explanations regarding certain evidence were not persuasive, and the probabilities favoured the respondent's version. The maintenance obligation was therefore terminated. Additionally, the appellant was responsible for the wasted costs of postponement…

Source excerpt

• Dum Casta Clause
• Maintenance Obligation
• Cohabitation
• Deed Of Settlement
• Costs Of Appeal

B v B (2016/15453)

B v B (2016/15453) [2017] ZAGPJHC 335 (17 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/15453

Judge

Van der Westhuizen

The High Court held that the defendant lived with Mr J in a matrimonial partnership for more than six months, triggering a dum casta clause and ending maintenance.

• Dum Casta Clause
• Maintenance Obligation
• Settlement Agreement
• Cohabitation
• Termination Of Maintenance
• Dum-casta-clause

Cohen v Cohen (born Coleman) (010/2002)

Cohen v Cohen (born Coleman) (010/2002) [2003] ZASCA 5; 2003 (3) SA 337 (SCA) (3 March 2003)

Court

Supreme Court of Appeal

Case number

010/2002

Judges

Olivier, Brand, Conradie

The court held that a maintenance court’s variation of the payment amount did not remove a dum casta clause from the original divorce order.

• Maintenance Variation
• Dum Casta Clause
• Consent Paper Interpretation
• Maintenance Act Application
• Maintenance-variation
• Dum-casta-clause

Cohen v Cohen and Another (4383/02)

Cohen v Cohen and Another (4383/02) [2002] ZAWCHC 45; [2002] 4 All SA 21 (C); 2003 (1) SA 103 (C) (26 August 2002)

Court

Western Cape High Court, Cape Town

Case number

4383/02

Judge

Griesel

The court granted a vexatious-proceedings order against a former husband who repeatedly launched maintenance litigation without reasonable ground.

• Vexatious Litigation
• Maintenance Orders
• Dum Casta Clause
• Costs Award
• Vexatious-litigation
• Maintenance-orders