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South Africa decisions
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F.A v D.P (Reasons) (2024/041851) [2024] ZAGPJHC 1132 (5 November 2024)
In an unopposed divorce matter, the court removed the case from the roll because the plaintiff’s papers did not adequately support the claim that the defendant had absconded rather than died.
B.L.M v S.M.M (4516/2022) [2024] ZALMPPHC 68 (22 July 2024)
The court found that the alleged donation of the immovable property from the defendant's father was executory and not reduced to writing, rendering it void under the General Law Amendment Act. Consequently, the proceeds from the sale of the property formed part of the joint estate. The defendant's withdrawal and dissipation of the fixed deposit, without the plaintiff's consent, contravened section 15(2)(c) and 15(3)(c) of the Matrimonial Property Act. The evidence established that the joint estate suffered a loss as a result of the defendant's actions, entitling the plaintiff to an adjustment…
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L.E.A v A.J.A (990/2024) [2024] ZANWHC 142 (21 June 2024)
Rule 43 interim maintenance application succeeded. The court ordered monthly maintenance, school fees, medical aid coverage, and a legal-costs contribution.
D.T and Another v MAMF (2023-119659) [2023] ZAGPJHC 1423 (8 December 2023)
The court found that the relevant paragraph of the order was a declaration of the applicants' rights to contact with Minor S, not an enforceable obligation on the respondent to facilitate or compel such contact. There was no evidence of non-compliance by the respondent, as she brought Minor S to the designated location and did not obstruct the applicants' rights. The refusal of Minor S to accompany the applicants was voluntary and repeatedly expressed. Even if the order were interpreted to impose obligations on the respondent, the evidence did not establish wilfulness or mala fides beyond rea…
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N.H.F v J.P.M.F (22/22113) [2023] ZAGPJHC 1396 (30 November 2023)
Rule 43 interim relief in a pending divorce: the court refused spousal maintenance, ordered child maintenance, and set supervised contact for the father.
N.P v J.L.P (39676/16) [2023] ZAGPPHC 1934 (22 November 2023)
The High Court dismissed contempt and variation applications in a child-maintenance dispute, finding no willful non-compliance and no basis to vary the order.
J.J.A v A.A (2022/021236) [2023] ZAGPJHC 1045 (15 September 2023)
Urgent custody dispute in which the court kept the children primarily with the respondent, ordered a Family Advocate report, and reserved costs.
A.C.V.W v C.J.H.V.W (043054/2023) [2023] ZAGPPHC 753 (31 August 2023)
Unopposed divorce judgment awarding reduced child and spousal maintenance, dividing the joint estate, endorsing the Family Advocate report, and ordering costs against the defendant.
N.K and Another v B.B (30472/21) [2023] ZAGPJHC 1025 (15 August 2023)
The court found that the respondent has engaged in a pattern of persistent, unmeritorious litigation and criminal complaints against the applicants, disregarding settlement agreements and court orders, and causing ongoing psychological and financial harm to the minor children and the applicants. The respondent's conduct constitutes an abuse of the court process and falls squarely within the definition of vexatious litigation under section 2(1)(b) of the Vexatious Proceedings Act. The best interests of the minor children require that further litigation by the respondent be regulated to prevent…
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T.S.G v J.G and Others (31558/2021) [2023] ZAGPJHC 110 (10 February 2023)
The High Court dismissed an application to remove trustees of a children’s trust, holding the applicant had standing as co-settlor but failed to prove grounds for relief.
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