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Divorce and Deception: A Landmark Case on Hidden Assets and Legal Consequences – Insights from Namibian Law: Oberholzer v Loots and another (SA 33-2021) NASC [2023] (22 November 2023)

Background and Relationship between the Parties The Appellant and the Respondent were involved in a personal relationship. During this period, they lived together and were engaged in the management and…

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Uncovering Hidden Treasures in Divorce Disputes: The Tale of Mandela Coins and Mysterious Cheetah-Adorned Banknotes. Staying a Rule 43 Application.

Wille J Background and Nature of the Case The case involved an application for a temporary stay of proceedings while an application to set aside a subpoena by a third…

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Rule 43: Navigating Maintenance and Financial Fairness in South African Divorce Proceedings and Adult Dependent Children.

Y.V.D.M v W.P.V.D.M (2021/43213) ZAGPJHC 1280 (9 November 2023) Introduction Case Background: This case involved an application under Rule 43 of the Uniform Rule of Court, related to a pending…

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Unraveling Financial Deceit: A Deep Dive into the Uniform Rule 43 Disclosure Case

S.K v C.A.K (D3535/2023) ZAKZDHC 78 (20 October 2023) Dutton AJ Introduction An application was made in terms of Uniform rule 43(1). In his sworn statement, the applicant had contended…

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Avoiding Common Pitfalls in Rule 43 Applications: Insights from a Divorce Case Deep Dive for Legal Practitioners

K.F v M.F (10237/2037; 4001/2023) ZAWCHC 253 (13 October 2023) The Facts The was an application in terms of Rule 43 of the Uniform Rules of Court, focusing on interim…

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Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings.

Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule…

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