P.W v R.W and Another (A165/2019)
P.W v R.W and Another (A165/2019) [2020] ZAFSHC 164 (21 May 2020)
The court held that the admission made by the appellant regarding the first respondent's entitlement to maintenance after the deceased's death was a legal conclusion, not a factual admission. Mistakes of law are not binding on the court, and the determination of the correct legal position is the prerogative of the court. The appellant's admission, made in error following incorrect legal advice, should not preclude her from withdrawing it. The court found that the withdrawal of the admission would not prejudice the first respondent, as it did not alter the admitted facts but corrected the lega…
Source excerpt
- Maintenance After Divorce
- Withdrawal Of Admission
- Amendment Of Pleadings
- Rule 28 Uniform Rules
- Prejudice And Bona Fides