Template Heads of Argument in an Appeal from the Maintenance Court

Heads of Argument - Appeal from the Maintenance Court to the High Court - Template

Template Heads of Argument in an Appeal from the Maintenance Court

If you are considering drafting your own heads of argument in an appeal from the Maintenance Court, you may use the template below as a starting point to draft papers.

Please note that this template is provided for informational purposes only and should be adapted to your specific circumstances.

If you require professional assistance in preparing your application or representation in court, you can contact Advocate Muhammad Abduroaf, an experienced legal practitioner in family law and maintenance matters.

Schedule a Consultation with Advocate Muhammad Abduroaf
Schedule a Consultation with Advocate Muhammad Abduroaf

IN THE HIGH COURT OF SOUTH AFRICA

[PROVINCIAL DIVISION]

Appeal Case No.: _________
Case No.: _________

In the matter between:

[APPELLANT NAME]                              APPELLANT

and

[RESPONDENT NAME]                          RESPONDENT


A. INTRODUCTION

  1. This is an appeal against an order granted by the [court a quo].
  2. The appeal concerns [brief description of subject‑matter, e.g. maintenance / parental responsibilities / jurisdiction / locus standi].
  3. The appeal raises [question(s) of law / fact / mixed questions].

B. BACKGROUND (OPTIONAL)

  1. The relevant background may be summarised as follows:
    4.1 [Placeholder]
    4.2 [Placeholder]

C. ISSUE(S) ON APPEAL

  1. The issue(s) to be determined on appeal are:
    5.1 [Placeholder]
    5.2 [Placeholder]
    5.3 [Placeholder]

D. APPLICABLE LEGAL FRAMEWORK

  1. The relevant statutory provisions include:
    6.1 [Statute / section]
    6.2 [Statute / section]
  2. The relevant common‑law principles include:
    7.1 [Placeholder]

E. SUBMISSIONS

E.1 First Submission

  1. [Placeholder]

E.2 Second Submission

  1. [Placeholder]

E.3 Further Submissions (if any)

  1. [Placeholder]

F. RELIEF SOUGHT

  1. The [Appellant / Respondent] seeks the following relief:
    11.1 [Placeholder]
    11.2 [Placeholder]

G. CONCLUSION

  1. In the premises, it is submitted that the appeal should be:
    12.1 [upheld / dismissed], with appropriate relief.

DATED AT: __________
ON THIS THE: __________ DAY OF __________ 20___


______________________________
[NAME OF COUNSEL]
Counsel for the [Appellant / Respondent]


LIST OF AUTHORITIES

Legislation

  • [Placeholder]

Case Law

  • [Placeholder]

About the Author

Advocate South Africa

Legal Advisor for Our Lawyer (Pty) Ltd
Call 0211110090
For appointments: https://www.ourlawyer.co.za/advice

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