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Moreover, the husband was notallowed to make donations to third parties in fraud of his wife Community of property and profit and loss including the matrimonialproperty regime of Holland as it obtained then is the common law of Lesotho and as he has stopped short of the full requirement of the law omitting,conveniently, the rider that if the husband “acted fraudulently andfoolishly threatening to reduce his family to destitution she could alwaysapply to Court for an order ---” for, amongst other things, “the husbandwas not allowed to make donations to third parties in fraud of his wife.”In addressing me on this aspect, I have closely read the “affidavit” of the applicant which is no morethan a running sports commentary with no necessary allegations of“fraud”, “destitution” and “prejudice” to mention but a few being, inapplicant’s view, basis for the application.

However, applicant hasreferred to “illegal transfer” (para.

As for prayers (d) and (e) these appear to be the sameprayer and they will be so treated as such.

A signal issue in this application is whether the applicant, a womanmarried in community of property has locus standi in judicio and whether,lacking it she can bring an application without her husband’s consent andwhether, such consent lacking, she is obliged to have approached the Courtfor an order via venia agendi. 1 pp 190-198)synopsis, the law of marriage as it developed, on the continent matrimoniallaw differed from place to place and thus in parts of the old Frankish systemthe estate of the wife remained her separate property administered by herhusband while in other states the Roman dotal system survived and in mostregions community regimes prevailed ranging from community of movablesad acquests to universal community of property and profit and loss andwives everywhere where were subject to the guardianship of their husbandswho represented them in Court, administered the joint estate as well asseparate estates of their wives, acted for them in business matters and in According to Sinclair, in the middle ages the marriage law of Holland as other continental countries was governed by the canons of the Church and after the Reformation the law of Holland was secularizedmuch as the idea of its being divine was retained.

That the vehicle was sold at time of lodging thisapplication does not stop this Court making this order as shown in myjudgment.

Regarding 3.3, requisites for an interdict have been answered inmy judgment.

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In my opinion the Court has, in every case of an application for aninterdict redente lite, a discretion whether or not to grand theapplication and it should exercise this discretion upon a considerationof all the circumstances and particularly upon a consideration of theprobabilities of success of the applicant in the action, and the nature ofthe injury which the respondent, on the one hand, will suffer if theapplication is granted and should he ultimately turn out to be right, andthat which the applicant on the other hand, might sustain if theapplication is refused and he should ultimately turn out to be right.

SAAssociated Newspapers Ltd., 1979 (3) SA 447 (W), 454 Bamford v. Mitchmor Investments (Pty)Ltd, 1971 (2) SA 397 (W) 404-5; Bamford case above at pp. Ministerof the Interior, 1961 (3) SA 283 (T), 295 of his test that” a proper casefor a declaratory order is not made out unless I can see, not only that it isjust and convenient to make such order although no consequential reliefis claimed, but also that there is some advantage that would accrue to theapplicant.

Minister of Community Development and State Auxiliary Services,1981 (3) SA 1054 (C) 1059, though he must also show that the balanceof convenience favours the granting of the remedy (see Johannesburg Consolidated Investment Co. 1060-2and I may add the granting of these remedies is discretionary. It has also been said an interdict pedente lite will not begranted when there is no prospect of success in the substantive actionand with respect there is such prospect of success in the substantive respondent might proceed with change ofownership of properties subject matter of this application for the court isconcerned only with the law as it stands and not on a consideration ofwhat alterations maybe made in the future (see Williams and Adendorffv.

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