Du Preez v Du Preez (16043/2008)
Du Preez v Du Preez (16043/2008) [2008] ZAGPHC 334 (24 October 2008)
The court found that both parties, aided by their legal representatives, had engaged in excessive prolixity in their Rule 43 papers, which is an abuse of process and contrary to the spirit and purpose of Rule 43. The applicant's previous Rule 43 application had already been dismissed for prolixity, yet she failed to heed the lesson and again submitted unnecessarily verbose affidavits and annexures. The respondent's reply, though less extensive, was also unnecessarily verbose. The court held that the circumstances were not exceptional enough to justify the inordinate length of the papers. Furt…
Source excerpt
- Rule 43 Proceedings
- Maintenance Pendente Lite
- Prolixity And Abuse Of Process
- Good Faith Disclosure
- Costs Orders