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South Africa decisions
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A.F.E and Another v M.C.E (9232/20) [2022] ZAWCHC 274 (7 March 2022)
High Court exception upheld in a divorce rescission claim; the court found no pleaded basis for rescission, rectification, or joinder of the son.
Brown v D'Elboux (40381/2015) [2017] ZAGPJHC 164 (5 April 2017)
The court rectified a divorce settlement to require market-value sale of jointly owned property, appointed a liquidator, and dismissed a contempt claim.
Kairuz v Lewitton (29115/2013) [2014] ZAGPJHC 393 (12 December 2014)
The court found that clause 7 of the settlement agreement was clear and unambiguous, and that any alleged mistake was not mutual. The respondent failed to raise the issue of rectification for an unreasonable period after the divorce order and after the judgment of Makume J, which had already addressed the relevant clauses. The respondent's application for rectification was launched only two days before the contempt application, suggesting an attempt to frustrate the proceedings. The court held that the requirements for rectification were not met and refused the application. However, the court…
Source excerpt
South African Municipal Workers Union and Others v City of Johannesburg Metropolitan Municipality (JA 48/10) [2013] ZALAC 4; (2013) 34 ILJ 1944 (LAC) (21 February 2013)
Appeal over rectification of a settlement agreement failed. The Labour Appeal Court held that the appellants did not prove a common intention to keep paying the loco allowance.
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