Description
- Conditions for a judge to disqualify himself or herself from a case.
- A judge or magistrate should not be asked to disqualify himself or herself for flimsy or imaginary fears.
- Section 59 of the Law of Marriage Act protects interests of a spouse in a matrimonial home, not any matrimonial property.
- For what the law protects is a matrimonial home – which means a home used by husband and wife as their residence.
- Section 59(1) of the Law of Marriage Act – spouse deemed to have a registrable interest in the matrimonial home – that interest has to be protected by a caveat – the caveat has to be registered with the Registrar of Titles otherwise the mortgagor has no other legal way to know of the same.
- Application against attachment and sale of matrimonial properties – Section 48(1) (e) of the CPC – Spouse failed to show between two houses which one she occupies for residential purposes – the provision does not protect the application.
- Where a party voluntarily mortgages his residential house, he waives the right accruing under Section 48(1)(e) of the CPC.
