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South Africa decisions
Decisions matching the current search
E.V.A v J.V.A (17286/2017) [2024] ZAWCHC 299 (18 September 2024)
The court found the respondent in contempt for non-payment of maintenance, held the order remained enforceable, and referred the matter to the Maintenance Court.
M. v Haywood N.O and Others (15781/15) [2024] ZAGPPHC 437 (29 April 2024)
The High Court confirmed a rule nisi, allowing re-enrolment of divorce-related claims and maintenance enforcement, including deductions from a retirement annuity.
H.A.E v H.S.E (3350/2022) [2024] ZAFSHC 114 (25 April 2024)
The High Court found the respondent in contempt for failing to comply with maintenance orders, rejected his poverty defence, and imposed a suspended prison sentence and fine.
T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024)
The court set aside a writ of execution against a retirement annuity, finding the maintenance debt was not properly quantified and remained in dispute.
I.K.L v S.E.L and Others (11212 / 2013) [2023] ZAGPJHC 1235 (26 October 2023)
High Court granted a writ of execution against a retirement annuity to satisfy arrear child maintenance, finding no genuine factual dispute on the papers.
A.J.N v W.L.N [2023] ZAGPPHC 341; 17229/2006 (19 May 2023)
The High Court set aside a writ of execution for maintenance because the original divorce order covered only minor children and had not been amended after majority.
S.R.L v E.M.L (A026585- 2021) [2023] ZAGPJHC 476 (16 May 2023)
The High Court set aside a maintenance warrant of execution obtained ex parte, holding that notice to the respondent was required and material facts had to be disclosed.
M.H v C.A.H (CA231/2021) [2022] ZAECMKHC 67 (4 October 2022)
The court held that the appellant's failure to pay maintenance as ordered constituted civil contempt. The appellant had knowledge of the order, consented to its terms, and failed to provide credible evidence that his non-compliance was not wilful or mala fide. The court a quo correctly applied the principles of civil contempt, finding that the appellant's selective presentation of financial records and self-help conduct demonstrated bad faith. The appellant's arguments regarding mental health, lack of legal representation, and alleged injustice of the settlement agreement were found to be ins…
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B v M :In re: M v B and Another (21/45131) [2022] ZAGPJHC 672 (7 September 2022)
The court held that the plaintiff's particulars of claim do not disclose a sufficient cause of action to set aside the writ of execution. The plaintiff failed to plead material facts supporting his denial of liability under the settlement agreement, instead providing only a blanket denial. The settlement agreement, made an order of court, constitutes a judgment debt enforceable without further proof, as confirmed by recent Supreme Court of Appeal authority. The plaintiff's arguments regarding demand and waiver were not adequately pleaded, and oral waiver is impermissible under the agreement.…
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S v H (A5001/2022) [2022] ZAGPJHC 355 (24 May 2022)
The court found that the respondent was aware of the maintenance order and had complied until September 2020, after which he unilaterally reduced payments and removed the minor child from his medical aid. The respondent failed to provide sufficient evidence of inability to comply, as he did not attach the debt review application or provide full financial disclosure. The court held that the requirements for contempt were met beyond reasonable doubt, and the respondent did not rebut the presumption of wilfulness and mala fides. The court further held that, given the urgent circumstances and the…
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