Mafuya v Lizwe (15290/12)
Mafuya v Lizwe (15290/12) [2013] ZAWCHC 195 (10 September 2013)
The applicant failed to provide sufficient expert evidence to establish that the deceased lacked mental capacity at the time of the marriage. The respondent's version, supported by the Plascon-Evans rule, must be accepted, as the applicant did not reply to the respondent's assertion that the deceased was in a lucid interval. The evidence presented, including letters from healthcare professionals, was inadequate and lacked proper supporting affidavits. Furthermore, the applicant's credibility is undermined by her previous application seeking to validate the deceased's will, which required him…
Source excerpt
- Mental Capacity To Marry
- Nullity Of Marriage
- Motion Proceedings
- Lucidum Intervalum