South Africa Case Law

B.J.M v M.A.M

B.J.M v M.A.M [2023] ZAGPPHC 147; 1423/2004 (1 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

1423/2004

Judge

M P N Mbongwe

The court found that the applicant's application for variation of the divorce order was fatally defective due to the inordinate delay of 16 years and the absence of any application for condonation or explanation for the delay. The settlement agreement, made an order of court, clearly set out the disposition of the parties' assets, including the respondent's pension benefit under 'all other assets.' The applicant's interpretation of clause 4.1 was rejected as opportunistic and absurd. The principles governing condonation require both a reasonable explanation for delay and prospects of success,…

Source excerpt

• Variation Of Divorce Order
• Condonation
• Settlement Agreement Interpretation
• Pension Interest Distribution

Swartz v K and Another (A5036/2021; 2015/8456)

Swartz v K and Another (A5036/2021; 2015/8456) [2021] ZAGPJHC 816 (15 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A5036/2021; 2015/8456

Judges

Francis, Senyatsi, Khumalo

The court held that no fee agreement bound the respondents and that the receiver-liquidator was entitled only to reasonable remuneration, while confirming the first respondent’s amount due.

• Divorce Order Enforcement
• Liquidation Of Joint Estate
• Receiver And Liquidator Fees
• Pension Interest Distribution
• Divorce-order-enforcement
• Liquidation-of-joint-estate