same is excluded by an ante nuptial contract or where s 17(6) of Proclamation 15 of 1928 applies. Held, an agreement on the matrimonial property regime is valid and enforceable inter partes. Held, a judge a quo has advantages which this court does not have in that he has the opportunity to hear and see witnesses and observe their demeanour. As such, an appeal will not overrule the finding of facts unless it is clear that the judge was wrong. This court found that evidence of Pastor Avia corroborated that of the respondent in all material respects rather than the version of the appellant. The order of the court a quo is set aside and substituted by an order that the marriage between the parties is a marriage in community of property and of profit and loss. As a result, the appeal being partially successful, the appellant is ordered to pay costs occasioned by the hearing to determine the proprietary consequences of the marriage between the parties and no order is made in respect of the costs on appeal. In the result, parties are to approach the Registrar of the High Court (Northern Local Division) to request a status hearing from the managing judge to give directions as to the further progress of the matter.
same is excluded by an ante nuptial contract or where s 17(6) of Proclamation 15 of 1928 applies. Held, an agreement on the matrimonial property regime is valid and enforceable inter partes. Held, a judge a quo has advantages which this court does not have in that he has the opportunity to hear and see witnesses and observe their demeanour. As such, an appeal will not overrule the finding of facts unless it is clear that the judge was wrong. This court found that evidence of Pastor Avia corroborated that of the respondent in all material respects rather than the version of the appellant. The order of the court a quo is set aside and substituted by an order that the marriage between the parties is a marriage in community of property and of profit and loss. As a result, the appeal being partially successful, the appellant is ordered to pay costs occasioned by the hearing to determine the proprietary consequences of the marriage between the parties and no order is made in respect of the costs on appeal. In the result, parties are to approach the Registrar of the High Court (Northern Local Division) to request a status hearing from the managing judge to give directions as to the further progress of the matter.
Shambwila%20v%20Mundjulu%20(SA%2077%20-%202016)%20[2018]%20NASC%20(27%20July%202018).docx