Molatjane v Joffe and Another (28249/2020)
Molatjane v Joffe and Another (28249/2020) [2021] ZAGPJHC 884 (18 November 2021)
The court found that the applicant failed to establish a plausible cause of action for misrepresentation or fraud in relation to the separation agreement. The applicant was aware of all relevant facts at the time of signing and accepted the benefits of the agreement. Her subsequent challenge was inconsistent with contemporaneous evidence and her own conduct. There was no genuine dispute of fact warranting referral to trial under rule 6(5)(g), and even if there were, the applicant ought to have anticipated such disputes. The application was formally and substantively defective, and the relief…
Source excerpt
- Misrepresentation
- Separation Agreement
- Rule 6 5 G Application
- Costs Order
- Condonation
- Disciplinary Proceedings