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South Africa decisions
Decisions matching the current search
O.D.G v Z.G (CA42/2024) [2024] ZAECMHC 70 (28 August 2024)
Appeal dismissed in a family-law contempt matter arising from Rule 43 maintenance and bond obligations, with the court holding that wilful contempt for committal was not proved.
D.J.S v B.L.S (nee R) and Another (13089/16) [2023] ZAKZPHC 79 (10 August 2023)
The court set aside attachment of the applicant’s close corporation member’s interest, finding the writ and sheriff’s actions did not comply with Rule 45(8).
H v B (2016/10540) [2022] ZAGPJHC 823 (13 September 2022)
Court dismissed the defendant’s applications, held him in contempt for maintenance default, and ordered a new financial disclosure form and special costs.
M.C.M v K.E.M and Others (8434/2021) [2022] ZAGPPHC 545 (21 July 2022)
The court found that the maintenance arrears claimed by the applicant did not arise from the court order, as the settlement agreement was only made an order of court on 22 December 2020 and does not apply retrospectively. Payments made prior to this date cannot be considered arrears under the order. The respondent's financial hardship due to the COVID-19 pandemic was not seriously challenged, and there was no evidence of intentional dissipation of assets to frustrate maintenance obligations. The applicant has an alternative remedy available through the maintenance court as provided in the set…
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M.V.Z v W.G.H (7722 / 2022) [2022] ZAWCHC 81; 2022 (3) SA 458 (GJ) (16 May 2022)
High Court granted a primary caregiver leave to relocate with a 14-month-old child to Bloemfontein, with supervised contact and a parenting coordinator.
Meier v Meier (15781/2015) [2021] ZAGPPHC 456 (6 July 2021)
The court found that the arbitration proceedings regarding maintenance were invalid under section 2(a) of the Arbitration Act, as matrimonial disputes cannot be resolved by arbitration. The relief sought by Mr Meier to stay or set aside the warrant of execution was dismissed, as the underlying disputes were no longer pending and the amount of arrear maintenance was not in dispute. The sheriff's nulla bona return was accepted as satisfying the requirements for an act of insolvency under section 8(b) of the Insolvency Act, since Mr Meier failed to indicate any disposable property to satisfy the…
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Samuels v Salie-Hlope (5254/2013) [2021] ZAGPPHC 192 (31 March 2021)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to hear the appeal.
A.S.J.N v A.M.N and Others (69069/19) [2020] ZAGPPHC 764 (20 October 2020)
Final sequestration was refused because the applicant did not show a sufficient advantage to creditors, and the provisional order was discharged.
AR v HR (3565/2018) [2020] ZAECPEHC 10 (19 May 2020)
The High Court confirmed final sequestration against an ex-husband’s estate for unpaid child maintenance after finding a valid debt, insolvency, and asset disposition.
L.M.V v M.V (7833/2016) [2018] ZAGPPHC 505 (6 July 2018)
The High Court granted provisional sequestration after finding an unsatisfied maintenance debt, a nulla bona return, and no basis to deny creditor advantage.
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