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South Africa Case Law

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Family And Children [2021] ZAFSHC 299

A.C.K v F.K (768/2018)

A.C.K v F.K (768/2018) [2021] ZAFSHC 299 (9 November 2021)

Court
Free State High Court, Bloemfontein
Case number
768/2018
Judge
MOLITSOANE

The court found that the interpretation of the divorce judgment by Murray, AJ suggested that the payment of 50% of the respondent's pension interest to the applicant was considered in calculating maintenance, not as an asset for accrual. Raikane, AJ's contrary finding was questioned, and the court held that there are reasonable prospects that another court may interpret the judgment differently. Therefore, leave to appeal was granted to allow the Full Court to reconsider whether the pension interest should be treated as an asset in the accrual calculation or as maintenance.

Source excerpt

  • Matrimonial Property Act
  • Accrual System
  • Maintenance Award
  • Pension Interest
  • Divorce Order Interpretation
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Family And Children [2020] ZAWCHC 35

N.C.O and Another v D.O and Another (A244/2019)

N.C.O and Another v D.O and Another (A244/2019) [2020] ZAWCHC 35 (12 May 2020)

Court
Western Cape High Court, Cape Town
Case number
A244/2019
Judges
J Cloete, L Nuku, E D Wille

The court found that a property partnership existed between the parties, encompassing the P Street property, the guesthouse business, and the Digteby property, based on their conduct, communications, and mutual intention to build collective value. The plaintiff was entitled to 50% of the net partnership assets, and the partnership was ordered to be liquidated by an independent liquidator. The plaintiff's entitlement to personal maintenance was established due to her age, health, and lack of earning capacity, with the quantum set at R10,000 per month, escalating annually with inflation. The du…

Source excerpt

  • Matrimonial Property Act
  • Property Partnership
  • Maintenance Award
  • Eviction Application
  • Liquidation Of Partnership
  • Forfeiture Of Accrual
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.