Mahikeng court rejects proposed divorce claim involving 10 cows and 64 goats.
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The North West High Court in Mahikeng, has dismissed an application by a pensioner seeking to amend her divorce pleadings in an effort to claim an equal division of livestock while simultaneously demanding that her husband forfeit his entire half-share of their joint estate.
Acting Judge Thabiso Masike ruled in a divorce matter involving a couple who married in community of property in August 1983.
The couple, who are now pensioners, are engaged in a legal battle over assets after the wife instituted divorce proceedings in April 2024, seeking a decree of divorce and a standard division of the joint estate.
However, the husband opposed her application of a standard division of the joint estate after producing documents showing that two immovable properties, which the wife initially believed formed part of the joint estate, were actually excluded.
The man inherited the properties from his late mother and her will had stated that the properties were to be excluded from any present or future marriage estate.
After producing documents indicating his late mother's wishes, the woman sought to amend her claim.
Among the proposed amendments was a claim that the man should forfeit his 50% share in a property in Unit 6, Mmabatho.
She also sought to retain full ownership of the car which was in her possession and share livestock acquired during the marriage. The livestock included 10 cows, 64 goats and an unspecified number of chickens located at Mocoseng Village.
The husband objected to the proposed amendment, arguing that it was made in bad faith, would prejudice him and was intended to delay the finalisation of the divorce.
He also argued that the proposed amended particulars of claim would be vague and embarrassing and therefore open to exception.
The court, however, found no merit in most of the respondent's objections. The judge held that issues concerning the alleged conduct that contributed to the breakdown of the marriage, as well as the merits of the forfeiture claim, would ultimately have to be dealt with by the trial court.
The decisive issue was the wording of the proposed amendments.
The woman wanted the cows, goats and chickens to be divided equally between the spouses, while simultaneously seeking an order that the respondent forfeit his entire half share of the joint estate.
Judge Masike found the two positions contradictory.
The court said a party in legal proceedings cannot adopt two inconsistent positions, effectively seeking equal division of assets while at the same time asking that the other party's entire half share of the joint estate be forfeited.
As a result, the court concluded that allowing the amendment would render the particulars of claim vague and embarrassing.
The court consequently dismissed the application for leave to amend the particulars of claim and ordered the woman to pay the costs of the application.
The underlying divorce action has not been dismissed. The court ordered that the main trial continue on September 30, 2026, in open court.
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