- Flynote
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Uniform Rules of Court – rule 33(4) – stated case to determine
whether estate of deceased grandparent has duty to support grandchild – both parents alive – father’s whereabouts and financial means unknown – no facts showing mother’s support inadequate – not a proper case to decide legal issue separately under rule 33(4) – inappropriate to determine whether common law should be developed in terms of secs 39(2) and 173 of the Constitution to provide for said duty – order by court below two years after hearing without reasons –
improper – duty of Judge to deliver judgment expeditiously.
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Cited documents 9
Judgment 7
Legislation 2
1. | Superior Courts Act, 2013 | 1696 citations |
2. | Children's Act, 2005 | 537 citations |