South Africa: North Gauteng High Court, Pretoria

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

(1)           NOT REPORTABLE

(2)           NOT OF INTEREST TO OTHER JUDGES

CASE NO: 10061/2018

13/3/2018

In the matter between:

HLEKIWE ANNIE MODISANE                                                               Applicant

and

MOTSEOSE KOOS MODISANE                                                              First Respondent

MOMENTUM                                                                                               Second Respondent

 
JUDGMENT (Reason)

Tuchten J:

1          This is a request for reasons for having dismissed the applicant's urgent application.

2          The applicant brought an urgent application to interdict the second respondent from paying out the first respondent's pension pending a maintenance enquiry, which is presently pending, into the first respondent's obligation to pay maintenance for two minor children born of their relationship..

3          I characterised the relief sought by the applicant as an anti-dissipation interdict. I concluded that there was no evidence that the first respondent intended to dissipate his pension when it was paid out to him.

4           I accordingly dismissed the application.

NB Tuchten

Judge of the High Court

13 March 2018