Fridjhon v Fridjhon [1911] ZAWLD 11 (27 April 1911)

Practice - Setting Aside Proceedings - Decree of Divorce - Probability of Success - Wasted Costs - Security for Costs.

When divorce proceedings had been allowed to go by default owing to the negligence of defendant's attorney, on an application to have the proceedings re-opened, although from the facts alleged, the applicant's probability of successfully defending the claim for divorce appeared small, the Court, as the matter was one of status, granted the application conditionally on the applicant paying all the wasted costs, including those of the application, and providing satisfactory security for future costs.