Dear Members
Please see attached the recent judgment from the Pretoria High Court.
This application arises from a divorce between the applicant and respondent, specifically concerning a settlement agreement on maintenance for their minor children. The main issue is whether the respondent has the standing (locus standi) to claim arrears maintenance for the children who have since reached the age of majority.
The respondent obtained a writ of execution from the Registrar for unpaid maintenance, claiming arrears for all three children. The applicant disputes the respondent’s standing to enforce maintenance payments, as the children are now adults. The respondent contends that until the court order is amended, the applicant is bound to make payments to her.
The court found that the Sheriff must follow a clear process when executing a writ of execution, including demanding payment and, if not complied with, requesting the creditor to identify attachable assets before proceeding. The writ issued by the respondent does not comply with Form 18, as it directs the Sheriff to attach the applicant’s bank account without providing reasons for deviating from the standard form. Consequently, the writ is set aside.
O.V v C.M.V (84818-2017) [2024] ZAGPPHC 1150 (13 November 2024)