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Judgment No. SC 37/18
Civil Appeal No. SC 433/16
WHETHER THERE WERE MATERIAL DISPUTES OF FACT
[27]
In the court a quo the respondent submitted that there were serious disputes of fact
which could not be resolved on the papers without the parties giving viva voce evidence and
being cross - examined. The disputes related to the following issues: whether the maintenance
payment of $2000 per annum was for the appellant personally or the children, the amount
actually paid by the respondent to the appellant per month – whether it was $307 or $560 -,
the identity of the assets owned by the respondent and their value, the respondent’s monthly
income, the amount that the appellant herself channels towards the maintenance of the children,
whether there has been an increase in the cost of living since 2009 and lastly whether the
document produced by the appellant, which purports to have been prepared by the respondent
and which reflects a number of assets and considerable annual income, is genuine.
[28]
The court a quo accepted that “there were contentious issues that require ventilation”.
Despite that acceptance, the court went on to find that the appellant appeared to have realised
that she had not been able to get a good bargain and for that reason was seeking to revisit the
consent paper. It found that this cannot amount to good cause. Further, the court found that
the appellant was aware, at the time the parties entered into a consent paper, that maintenance
would be payable only until the children attained the age of majority after which they would
choose who to stay with. The court further found that even the claim for an increase of
maintenance for the children was not substantiated. It also found that no good cause had been
shown why, having agreed that maintenance terminates when the children attained the age of
majority, the appellant now wanted the respondent to maintain her in perpetuity. In the result,
the court found that the appellant had not shown any change of circumstances amounting to
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