South Africa Case Law

P.P.M and Another v Road Accident Fund (4264/2021)

P.P.M and Another v Road Accident Fund (4264/2021) [2024] ZAFSHC 401 (13 December 2024)

Court

Free State High Court, Bloemfontein

Case number

4264/2021

Judge

Majosi AJ

The court found that the first plaintiff, although cohabiting with the deceased and financially dependent on him, failed to establish a legally enforceable duty of support in her personal capacity. There was no marriage, joint will, or evidence of estate planning in her favour. The facts were distinguishable from Paixao, where mutual intention and provision were clearly established. Accordingly, her claim for loss of support was dismissed. In contrast, the minor child's claim was conceded by the defendant, as the deceased had a clear legal duty to support his biological child. The court accep…

Source excerpt

• Loss Of Support
• Locus Standi
• Quantum Of Damages
• Contingency Deductions
• Maintenance Obligation

L.L.B v Road Accident Fund (478/2022)

L.L.B v Road Accident Fund (478/2022) [2024] ZAFSHC 191 (14 June 2024)

Court

Free State High Court, Bloemfontein

Case number

478/2022

Judge

Van Zyl

High Court matter on minor children’s loss of support after a fatal accident, with quantum to be recalculated on an actuarial basis and a 5% contingency applied.

• Loss Of Support
• Quantification Of Damages
• Contingency Deductions
• Maintenance Obligation
• Loss-of-support
• Actuarial-damages

M.S v P.S - Leave to Appeal (1334/2018)

M.S v P.S - Leave to Appeal (1334/2018) [2024] ZAFSHC 64 (5 March 2024)

Court

Free State High Court, Bloemfontein

Case number

1334/2018

Judge

Naidoo

The High Court refused leave to appeal in a maintenance and settlement dispute, finding no reasonable prospects of success or compelling reason under section 17.

• Maintenance Obligation
• Deed Of Settlement
• Leave To Appeal
• Wilful Disobedience
• Interpretation Of Contract
• Leave-to-appeal

U.DJ v J.H.O (9169/2022)

U.DJ v J.H.O (9169/2022) [2024] ZALMPPHC 2 (15 January 2024)

Court

Limpopo High Court, Polokwane

Case number

9169/2022

Judge

Kganyago

The High Court dismissed a defendant’s exception to a mother’s claim for reimbursement of child maintenance contributions, holding the particulars disclosed a cause of action.

• Maintenance Obligation
• Adult Dependent Child
• Exception Procedure
• Cause Of Action
• Pro Rata Contribution
• Child-maintenance

J.P.M v M.B (Leave to Appeal) (49323/2021)

J.P.M v M.B (Leave to Appeal) (49323/2021) [2023] ZAGPJHC 1322 (9 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

49323/2021

Judge

ML Senyatsi

The High Court refused leave to appeal against a final sequestration order, finding no reasonable prospect of success and no basis in the interests of justice.

• Leave To Appeal Standard
• Sequestration Order
• Maintenance Obligation
• Interest Of Justice
• Leave-to-appeal
• Sequestration

J.P.V.S v M.M.V.S and Others (3957/2023)

J.P.V.S v M.M.V.S and Others (3957/2023) [2023] ZALMPPHC 77 (28 August 2023)

Court

Limpopo High Court, Polokwane

Case number

3957/2023

Judge

M. Naude-Odendaal

The High Court held that a divorce-related settlement agreement was not contra bonos mores and dismissed an application to declare it void or cancel it.

• Maintenance Obligation
• Settlement Agreement
• Contra Bonos Mores
• Urgent Interdict
• Close Corporation Membership
• Maintenance-obligation

Olivier N.O obo S.S.B and Others v Minister of Police (414/2018)

Olivier N.O obo S.S.B and Others v Minister of Police (414/2018) [2023] ZANCHC 43 (8 August 2023)

Court

Northern Cape High Court, Kimberley

Case number

414/2018

Judge

Ramaepadi AJ

High Court quantum ruling in a loss-of-support claim for three minor children after their mother died in a police cell fire.

• Dependants Action
• Loss Of Support
• Quantum Of Damages
• Contingency Deduction
• Maintenance Obligation
• Loss-of-support

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

L.T v P.E.T (14994/2013)

L.T v P.E.T (14994/2013) [2023] ZAGPJHC 273 (15 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

14994/2013

Judge

Wanless

The court held that maintenance under the settlement agreement began on 1 January 2017, after the company’s winding-up order, and awarded arrears plus costs.

• Maintenance Obligation
• Interpretation Of Settlement Agreement
• Arrear Maintenance
• Divorce Settlement
• Contractual Interpretation
• Maintenance

C B and Another v H B (1324/2019)

C B and Another v H B (1324/2019) [2020] ZASCA 178; 2021 (6) SA 332 (SCA) (18 December 2020)

Court

Supreme Court of Appeal

Case number

1324/2019

Judges

Van der Merwe, Mocumie, Makgoka, Ledwaba, Eksteen

The SCA held that a church blessing ceremony was not a remarriage under the divorce settlement and set aside contempt and de bonis propriis costs orders.

• Maintenance Obligation
• Interpretation Of Settlement Agreement
• Remarriage Clause
• Cohabitation
• Costs De Bonis Propriis
• Family-law