Biggs v Biggs (81/2001)
Biggs v Biggs (81/2001) [2002] ZAECHC 7 (12 April 2002)
The court declined to rule on the special case because the trusts, whose assets are central to the dispute, were not joined as parties, and the procedure adopted under rule 33(1) was inappropriate since it did not dispose of the whole dispute between the parties. The court found it lacked jurisdiction to determine the matter under rule 33(1) or (4) as it was not seized with the main divorce action. Issuing a declaratory order was also inappropriate due to the absence of the trusts and the academic nature of the question. The court further held that any declaration of rights under the Constitu…
Source excerpt
- Divorce Act Section 7
- Redistribution Of Estate
- Trust Property In Divorce
- Joinder Of Parties
- Declaratory Orders