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South Africa Case Law

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Family And Children [2025] ZAWCHC 253

S.P v S.B (2025/054457)

S.P v S.B (2025/054457) [2025] ZAWCHC 253 (19 June 2025)

The High Court dismissed an application to set aside a subpoena for salary and IRP5 records sought in a maintenance dispute, despite the wrong rule being used.

  • Maintenance Dispute
  • Subpoena Duces Tecum
  • Best Interests Of Child
  • Procedural Irregularity
  • Child-maintenance
  • Subpoena-duces-tecum
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Family And Children [2023] ZAGPJHC 1231

M.S v R.G.S (21620 / 2019)

M.S v R.G.S (21620 / 2019) [2023] ZAGPJHC 1231 (26 October 2023)

The High Court ordered a respondent in pending divorce proceedings to file a financial disclosure form under the Judge President’s practice directive, with costs.

  • Maintenance Dispute
  • Financial Disclosure
  • Practice Directive Compliance
  • Divorce Proceedings
  • Maintenance-dispute
  • Financial-disclosure
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Civil Procedure [2020] ZAGPJHC 20

A R v C R (1791/2009)

A R v C R (1791/2009) [2020] ZAGPJHC 20 (30 January 2020)

The court found that the writ of execution was materially defective because it was not accompanied by an affidavit quantifying the amount, did not specify the relevant provisions of the settlement agreement, and lacked supporting documentation for the claimed expenses. The quantification of the judgment debt remained in dispute between the parties, and the respondent's attempt to explain and quantify the debt in her answering affidavit was belated and insufficient. As a result, the writ was not issued in conformity with the settlement agreement and could not be sustained solely on the respond…

  • Writ Of Execution
  • Maintenance Dispute
  • Quantification Of Judgment Debt
  • Divorce Settlement
  • Costs Order
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Family And Children [2014] ZAGPJHC 445

H v H (2014/06944)

H v H (2014/06944) [2014] ZAGPJHC 445 (28 November 2014)

The court varied a prior Rule 43 maintenance order, changed primary residence of one child to the father, and dismissed the father’s counter-claim for maintenance.

  • Rule 43 Variation
  • Child Primary Residence
  • Maintenance Dispute
  • Non Disclosure Of Income
  • Costs Order
  • Rule-43
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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.