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South Africa Case Law

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Family And Children [2023] ZAGPPHC 261

W.N.D.K v C.I.D.K

W.N.D.K v C.I.D.K [2023] ZAGPPHC 261; A152/2019 (21 April 2023)

The High Court upheld an appeal confirming discharge of a maintenance order after cohabitation, and held the court a quo erred by delaying the effective date.

  • Maintenance Order Discharge
  • Cohabitation Effect On Maintenance
  • Condonation For Late Appeal
  • Section 16 Maintenance Act
  • Maintenance-order-discharge
  • Cohabitation-and-maintenance
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Family And Children [2023] ZAWCHC 92

T.G v B.J.G (A06/2023)

T.G v B.J.G (A06/2023) [2023] ZAWCHC 92 (23 March 2023)

The High Court found that the magistrate erred in rejecting the appellant's answering affidavit due to a clerical error by the commissioner of oaths, as the substance and context of the affidavit made it clear the deponent was present and the error was not fatal. The appellant, as a cited party and primary caregiver of the adult dependent child, retained a substantial interest in the maintenance proceedings and should not have been excluded without a factual enquiry into the daughter's dependence. The punitive costs order was set aside as the magistrate lacked jurisdiction and no reasons were…

  • Maintenance Order Discharge
  • Locus Standi
  • Condonation For Late Filing
  • Costs Order
  • Commissioner Of Oaths Affidavit
  • Constitutional Right To Fair Hearing
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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.