Read the full judgment text of FCMC 8839/2013 on BabelCite. This Family Court judgment was delivered on 22 October 2015 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Ancillary Relief – Consent Summons – Reneging on Agreement – Costs – Whether husband bound by consent summons dated 8 April 2014 – Yes, formal agreements should not be displaced unless injustice – Husband had no legal advice but chose so – No coercion found – Order made in terms of original consent summons save for amendment sought by wife to safeguard position – Husband pays wife's costs on party and party basis
Legal issues: Validity of consent summons · Amendment to consent summons
Outcome: Order made in terms of original consent summons save for amendment sought by wife. Husband pays wife's costs.
Cited by 1 case