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S.V.D.L v A.J.V.D.L (70189/2013) [2015] ZAGPPHC 445 (13 May 2015)
Rule 43 variation application struck from the roll after the court found both parties’ affidavits excessively prolix and contrary to the procedure.
Papadolambis v Papadolambis (790/2011) [2012] ZAECPEHC 26 (26 April 2012)
The court found that the applicant's affidavit was excessively lengthy and included unnecessary annexures, such as the lease agreement and Rule 35 notices, which were not required for the determination of the application. The facts constituting the basis for the application were largely common cause, and there was no bona fide dispute regarding the material change in circumstances. The only real issue was the respondent's ability to pay the increased maintenance. The court held that the application was in conflict with the letter and spirit of Rule 43, which requires succinct statements and d…
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