South Africa Case Law

C.A v H.A (5578/2022)

C.A v H.A (5578/2022) [2024] ZAWCHC 25 (6 February 2024)

Court

Western Cape High Court, Cape Town

Case number

5578/2022

Judge

Nziweni

The applicant failed to make full and frank disclosure of her financial position in her founding affidavit, omitting material facts about her inheritance, investments, and savings accounts. The supplementary affidavit revealed significant undisclosed assets and income, demonstrating that the applicant was not candid with the court. This non-disclosure was material and prevented the court from properly evaluating the applicant's resources relative to the respondent. The court held that such conduct is unacceptable in Rule 43 proceedings and that the application could not be fairly adjudicated.…

Source excerpt

• Interim Maintenance
• Financial Disclosure
• Rule 43 Procedure
• Non Disclosure Of Assets

Gravato N.O v Cloete (10136 / 2015)

Gravato N.O v Cloete (10136 / 2015) [2016] ZAGPPHC 207 (18 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

10136 / 2015

Judge

Mavundla

The court dismissed a voluntary surrender application for defective section 4(3) compliance and failure to make full and frank disclosure of assets.

• Voluntary Surrender
• Insolvency Act Compliance
• Non Disclosure Of Assets
• Creditor Opposition
• Voluntary-surrender
• Insolvency-act-compliance