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Judgment No. SC 37/18
Civil Appeal No. SC 433/16
down, and, in anticipation of a divorce order by consent, the parties entered into a consent paper
in September 2009 to regulate the issues of custody, maintenance for the appellant and minor
children of the marriage, rights of access and distribution of both the movable and immovable
property. On 17 December 2009 the High Court made an order granting a decree of divorce
and custody of the minor children to the appellant. It further ordered that the issues of access,
maintenance and proprietary rights of the parties be regulated in accordance with the consent
paper signed by the parties.
[4]
Paragraph 4 of the consent paper was the subject of the application filed before the High
Court. That paragraph reads, in relevant part, as follows:“4.
MAINTENANCE
The parties have agreed the following provisions in respect of maintenance;
4.1
(Not relevant).
4.2
(Not relevant).
4.3
The plaintiff will pay US 100.00 per month per child until each child
attains the age of 18 years or becomes self-supporting, which ever first
occurs, such maintenance to be paid by or before the first day of the
month to which it relates, commencing 1 November 2008, and such
maintenance figure to be reviewed from time to time as appropriate,
regard being had to Plaintiff’s financial circumstances in order to
maintain the same value and benefit to the children’s living costs.
4.4
Plaintiff will pay US2 000.00 per annum to defendant, payable in 4
quarterly instalments on 1 April, 1 July, 1 October and 1 January for as
long as his obligation to pay maintenance for the minor children
pertains. It is specifically recorded that plaintiff will bear a prorata (sic)
amount of this liability for the period extending from the date upon
which defendant vacated the former marital home, namely 31 October
2008, up to 31 March 2009, and in respect of which it is recorded that
such payment has already been effected.
It is recorded that from this said amount of US$2 000.00 per annum,
defendant will procure payment of the DSTV subscription, and plaintiff