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South Africa: South Gauteng High Court, Johannesburg
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[2022] ZAGPJHC 1055
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S.S v S.S and Others (07555/2022) [2022] ZAGPJHC 1055 (29 November 2022)
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IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL
DIVISION, JOHANNESBURG
CASE NO
:
07555/2022
DATE
:
29-11-2022
In
the matter between
S.S
Plaintiff
and
S.S
& OTHER
Defendant
J U D G M E N T
MSIBI
AJ
:
In resisting the
application before me, the respondents in this matter have drawn the
attention of this Court to transactions that
took place between the
second respondent and the applicant, which gave rise to suspicions
and also necessitated an investigation
into the financial affairs of
the applicant. As far as they are related or connected to the
first respondent. As indicated
in this proceedings today, the
respondent seeks to know if the first respondent is still benefiting
from this company that he has
disposed of or the companies that are
now under the directorship of the applicant. I will not go into
a lot of issues that
were raised and argued since they are on
record. I am not satisfied to the issue of the subpoenas in
this matter constitute
an abuse of process, neither am I convinced
that same are being used for ulterior purposes. On the
contrary, I am satisfied
that the subpoenas are relevant to the
determination of the financial affairs of the first respondent, such
financial affairs being
relevant to the adjudication of the
maintenance inquiry that is pending before the magistrate. The
subpoenas in this matter are
legitimate they were issued in the
interest of justice. I am also satisfied that they have been
issued in the interest of
the minor children. As a result, the
investigation is allowed. The application, by the applicant is
dismissed and the
applicant is order to pay the cost of this
application.
MSIBI AJ
JUDGE OF THE HIGH
COURT
DATE
:
……29 November 2022………….