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South Africa decisions
Decisions matching the current search
Q.N.M v M.M.M (2022/013249) [2024] ZAGPJHC 1317 (12 December 2024)
Rule 43 interim maintenance relief was stayed because both parties failed to comply with a mediation directive and the financial papers were inadequate.
L.L v A.J.M and Others (014357/2022) [2024] ZAGPPHC 523; 2025 (1) SA 455 (GP) (7 June 2024)
The court held that the obligation to support minor children extends to the deceased estate and is not contingent on the surviving parent's inability to maintain them. The authorities relied upon by the defendants, which suggest that a claim only arises if the surviving parent cannot support the children, are either obiter or wrongly decided and are declined to be followed. The particulars of claim need only set out the material facts necessary to disclose a cause of action, not the evidence or facta probantia. The defendants are able to plead to the case as presented, and the failure to plea…
Source excerpt
M.M.S v J.M.S (HCA04/2015) [2016] ZALMPPHC 12 (28 October 2016)
A divorce appeal on forfeiture of patrimonial benefits was upheld. The High Court ordered equal division of the joint estate and rejected partial forfeiture of the respondent’s pension interest.
V d W v Road Accident Fund (55863/2015) [2015] ZAGPPHC 1001 (2 December 2015)
High Court held the Road Accident Fund liable for loss of support to two minor children whom the deceased had maintained and intended to adopt.
M v M (14/3/2-234/05) [2010] ZAGPJHC 74 (19 February 2010)
Review upholding a maintenance duty in respect of a child adopted under Xhosa customary law, and directing registration of the adoption.
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