Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Family And Children [2021] ZAECPEHC 36

M.K v D.K (1246/2021)

M.K v D.K (1246/2021) [2021] ZAECPEHC 36 (29 June 2021)

The High Court does not have jurisdiction under Rule 43 to grant interim relief in divorce proceedings where the main action is pending in the Regional Court; such relief must be sought under Rule 58 in the magistrate's court. The applicant's reliance on the High Court's inherent jurisdiction was unfounded, as there was no evidence of immediate threat to the welfare of the minor children and a parenting plan was already in operation. The magistrate who dismissed the Rule 58 application is not functus officio, and the applicant is not without remedy, as simple interlocutory orders may be revis…

  • Interim Maintenance
  • Parenting Plan
  • Rule 58 Magistrates Court
  • Rule 43 High Court
  • Inherent Jurisdiction
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.