Application by an ex-wife to claim a pension benefit from her ex-husband’s pension fund
In the case of C.N.N V N.N (2021-11607) [2023] ZAGPJHC 208 the Johannesburg High Court refused to vary a divorce order to allow an ex-wife...
Tag: court order
Understanding the leave to appeal procedure
Introduction
In South Africa, the process of appealing a court decision varies depending on the court of origin. This article focuses on the leave to appeal procedure in the High Court and special leave to appeal to the Supreme Court of Appeal.
Overview of leave …
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Recent case law emphasises proper procedure for Anton Piller applications
What is an Anton Piller application?
An Anton Piller application is a legal remedy that allows a plaintiff to obtain an order allowing the plaintiff to enter a defendant’s premises to search for and seize evidence that may be crucial to the case. The Anton Piller…
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Money Money Money – Costs that a court can award
Once a judgment has been handed down, the successful party is generally awarded costs. This is decided upon the court’s discretion. Courts may choose not...
Urgent application
A group of 116 persons in Ndevu and Another v Westonaria South Property Holding (Pty) Ltd t/a Westonaria South and Others [2022] JOL 53978 (GP) occupying a...
Are you unhappy with your arbitration award?
A party who is dissatisfied with an arbitration award may seek to have it reviewed on limited grounds.
It is important to note that the grounds...
Functions of the Family Advocate
Legal processes or disputes affecting families, and particularly children can often prove to be destabilising and difficult. In situations where parents are going through a...
Noise nuisance and religion
When does the Islamic ‘Call to Prayer’ constitute a noise nuisance?
The SCA in Madrasah Taleemuddeen Islamic Institute v Ellaurie [2022] ZASCA 160 at [11]-[19] heard that...
Enforcement of maintenance orders
Introduction
The court has ordered a parent to pay child support, but the parent is refusing and/or failing to do so. Raising children is expensive,...
The consequences of not obeying a court order in respect of contact with a minor child
In a recent judgment, the judge had to make a ruling on an application brought by an aggrieved father who had been denied contact with...
