She also, as reflected earlier, added an e-mail from Liberty Life. Mohapi Masoetsa, the only process which applicant claims to have never been served with is this very restitution order. I am not referring to them, since any observation made here may influence the Family Court Judge, who shall decide the matter in accordance with law. This she does without even having joined the said Mohapi Masoetsa so as to allow him an opportunity to file an affidavit to explain himself. She pleaded the legal basis in reply and further corroborated the version in the founding papers. The learned counsel would also submit that the allegations in the pleadings are vague, the oral evidence is also vague and now this petition has only been filed to harass the petitioner. Still, in reply, Mrs B provided the reasons that Liberty Life gave. The learned counsel submitted that the Court below had rightly held that the presence of the second respondent was necessary to adjudicate the dispute.
cases is limited to issues involving property.2 Third parties are not enti tled to be heard.
Under typical joinder rules, third parties having such claims may be. The UDMA does not specifically prohibit joinder of parties in divorce actions, making joinder of parties other than the husband and wife. The plaintiff and defendant are engaged in an action for divorce. A court welcomes any effort by the parties to avoid or curtail trial proceedings and thereby to The argument places the cart before the horse: questions of non- joinder and.
Having realized as far back as the 23 rd Decemberthat the 2 nd respondent had been incorrectly joined mero-moto in this proceedings, the applicant, through her attorney decided to take a further step of applying for rescission of the order of this court pertaining to the final decree of divorce without joining the 2 nd respondent.
No contrary reason has been suggested at the hearing or at the application for leave to appeal.
For all the above reasons, the order impleading the co-respondent cannot be set aside as erroneous or without jurisdiction. Poovalagan vs J. It was not delivered and was not persisted with at the hearing. This brings me to the other point herein raised in limine by the respondents which is that of non-joinder.
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|Even though the said plea was recorded by the lower Court, the lower Court did not concentrate on that aspect at all.
Third Party Joinder San Diego Family Lawyers Bickford Blado & Botros
No relief is sought in respect of that decision. This is an application in which the applicant seeks rescission of a final decree of divorce which was granted against her on the 26 th November The learned counsel appearing for the respondent on the other hand submitted that in the pleadings it is clearly stated that the petitioner is having an adulterous relationship with her sister's husband, who is none other than the 2nd respondent.
Not reportable. I read those responses again, in none of them is any reason suggested why a court should not rectify the obvious error of the parties, or that indeed the parties had intended to enter into an unenforceable cession, or that Liberty Life was acting in error of the law.
mandates that if the parties to a divorce proceeding are parents of a child who is not under the continuing jurisdiction of another court, the divorce suit must.
Joinder of beneficiaries in financial proceedings on English divorce joined as parties, chose not to participate in the divorce proceedings so.
I read those responses again, in none of them is any reason suggested why a court should not rectify the obvious error of the parties, or that indeed the parties had intended to enter into an unenforceable cession, or that Liberty Life was acting in error of the law.
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In context, I would have failed in that duty had I allowed Mr B to take advantage of founding papers that were less than perfect.
This was duly done by one Mohapi Masoetsa. It is not her case that she did not know when she moved this court as she did on urgent basis that the respondents were then already married.
Kusum Bajpai, wherein the Court held as follows. The heads of argument foreshadowed a striking out application of the new matter in reply.
I also dismissed a counter-application for anti-dissipation relief.
Nimrod david pfeffermann
|Rescinding and setting aside a decree of divorce granted on the 26 th November Mohapi Masoetsa, the only process which applicant claims to have never been served with is this very restitution order.
Van Riebeeck 3 S. The learned counsel for both sides referred to the extracts portions from the pleadings and from the evidence to support their respective cases.
The husband also had not given the name of any particular individual as the adulterer.