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Edictal Citation Application

edictal citation

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0% found this document useful (0 votes)
15 views5 pages

Edictal Citation Application

edictal citation

Uploaded by

thaminkosi072
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE HIGH COURT OF SOUTH AFRICA

FREE STATE DIVISION, BLOEMFONTEIN

CASE NO: 134/2025

In the matter between:

Coetzee Georgia
Applicant

And

Coetzee Jacobs
Respondent

NOTICE OF MOTION

___________________________________________________________________________

BE PLEASED TO TAKE NOTICE that application will be made to the above


Honourable Court on Tuesday, the at 10:00 or so soon thereafter as Counsel may be
heard on behalf of the Applicant for an order in the following terms:

1. That leave be granted to institute action against the Respondent by way of Edictal
Citation claiming a decree of divorce incorporating an agreement entered into
between the Applicant and the Respondent;

2. That service of the Edictal Citation and/or necessary processes of this Honourable
Court be effected by service upon the Respondent personally at 77 Michael Ellis
Place, Dallas, TEXAS, U.S.A.;

3. That the Respondent be given leave to defend the said action within one (1)
month of service of the Edictal Citation.

4. That the costs in this application be costs in the cause;

5. Granting further or alternative relief.

AND THAT the accompanying Affidavit of the Applicant be used in support thereof.
KINDLY set the above matter down on the Roll accordingly.

DATED AT BLOEMFONTEIN ON THIS 20th DAY OF MARCH 2025.

_________________________________

SITHOLE AND JOBE INC

Attorneys for applicants

1st floor Nodelhouse Building, Nelson Mandela Street

Bloemfontein

TO: THE REGISTAAR OF THE HIGH COURT

BLOEMFONTEIN
IN THE HIGH COURT OF SOUTH AFRICA
FREE STATE DIVISION, BLOEMFONTEIN

CASE NO: 134/2025

In the matter between:

Coetzee, Georgia Applicant

And

Coetzee, Jacobs Respondent

AFFIDAVIT

___________________________________________________________________

I, the undersigned.

Coetzee Georgia

Declared under oath that:

1. I am a primary school teacher residing at 100 Township Road, Suburbia,


Bloemfontein.

2. The respondent is Coetzee Jacobs, a psychiatrist who is presently furthering his


studies in dallas, Texas, united states of America, and who resided at 77, micheal
ellis place. Texas. U.S.A.

3. the respondent and I were married to each other out of community of property and
at Johannesburg on the 10th of May 1990, and the said marriage still subsists.

4. there is a minor child born of the marriage, a girl aged 3 years old.
5.

5.1 Prior to December 1995 and at the time of the marriage the respondent
was permanently residing in Pretoria and regard Pretoria his permanent home
and the respondent has continued to regard Pretoria as his permanent home
since time of our marriage. In and during 1999 the respondent decided to
commence studies for a degree in psychiatry and wanted to go to Dallas.
Texas, U.S.A temporarily for this purpose. The respondent and I accordingly
left America in and during 1999 for this purpose. It was both the intention of
the respondent and I to return to republic of south Africa as soon as he had
completed his studies, the respondent has not yet completed his studies nor
returned to the republic.

5.2 It is my respectful submission that this honourable court has jurisdiction to


hear this matter in that both the respondent and I are domiciled within the
jurisdiction of this honourable court.

6. The marriage between the respondent and I has broken down irretrievably and the
relationship between the respondent and I has reached such a state of disintegration
that there is not reasonable prospect of the restoration of a normal relationship
between us, more particularly in that:

6.1 The respondent has told me on several occasions that he had mase a
mistake by marrying me and wanted a divorce;

6.2 During the course of the marriage the respondent for lengthy periods of
time would ignore me;

6.3 The respondent and I frequently quarrelled and, on each occasion,


attempted to effect reconciliation and on each such occasion the reconciliation
would fail;

6.4 in and during January 2016 and while I was residing with the respondent
in Dallas Texas, he told me that I should return to south Africa and institute
proceedings for aa divorce against him. I duly left America together with my
child;
6.5 After I returned to south Africa, I had several discussions with the
respondent, and he told me that I should not return to America and that I
should institute proceedings against him for divorce.

Under the circumstances I respectfully submit that the marriage between the
respondent and I has broken down irretrievably.

7. The respondent and I have entered into agreement in regard to maintenance,


care, proprietary rights and costs and the best arrangement have been made in
regard to the interest of the child.

8. I am not aware when the Respondent will be returning to the republic, but I do not
think he will do so.

9. I am desirous of instituting action against the respondent forthwith for a decree of


divorce incorporating the agreement entered into between the respondent and I but I
am unable to serve the processes of the above honourable court upon him without
an order of this honourable court as he presently residing at the address reflected in
paragraph 2 hereof and it will be possible to have the documents served upon him
personally at this address.

WHEREFORE I humbly pray that it may please the above honourable court to grant
me the relief set out in the notice of motion attached hereto or such other relief as
thus honourable court may deem fit to grant.

_________________________

Coetzee Georgia

I certify that the deponent has acknowledged that she knows and understands the
contents of this affidavit, which was signed and sworn to before me at Bloemfontein
court, free state in this the 20th day of MARCH 2025, according to law.

________________________
COMMISSIONER OF OATHS

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