Arendse v Roode

• Jurisdiction: South Africa
• Citation: 1989 (1) SA 763 (C)

Arendse v Roode
1989 (1) SA 763 (C)

1989 (1) SA p763

Citation	1989 (1) SA 763 (C)
Court	Cape Provincial Division
Judge	Hodes AJ
Heard	May 27, 1988; November 11, 1988; November 16, 1988
Judgment	November 17, 1988

Flynote : Sleutelwoorde D

Husband and wife — Marriage — Nullity of on grounds of bigamy of E party thereto — Action for damages under actio injuriarum lies against bigamist who induces woman to enter into marriage which he knew, but which she did not know, to be null and void — Damages of R5 000 awarded therefor.

Seduction — Damages for — In assessing damages for loss of virginity and diminished chances of making suitable marriage, F plaintiff's social standing and financial position, as well as that of defendant, to be taken into account — Damages of R1 500 considered appropriate in the circumstances and so awarded.

Headnote : Kopnota

An action for damages under the actio injuriarum lies against a G defendant who by his deceit took advantage of a plaintiff's innocence and induced her to enter into a marriage which the defendant knew, but the plaintiff did not know, to be null and void because he was already married.

Snyman v Snyman 1984 (4) SA 262 (W) approved and applied.

The Court awarded the plaintiff, a sensitive woman who had been and remained deleteriously affected by the defendant's wrongful and unlawful conduct, damages in the sum of R5 000 for such injuria, having regard H to the anguish and humiliation which she had suffered, the social and financial circumstances of the plaintiff and the defendant and the defendant's attitude.

The plaintiff further claimed damages for seduction and the Court, in awarding her R1 500 for loss of her virginity and diminished chances of making a suitable marriage, held that it should take into account, inter alia, the plaintiff's social standing and financial position as well as that of the defendant. I

Case Information

Civil trial in an action for an order declaring a marriage a nullity on the grounds of defendant's bigamy and damages for injuria and seduction. The facts appear from the reasons for judgment.

E N Keeton for the plaintiff.

J Defendant in default.

1989 (1) SA p764

A Cur adv vult.

Postea (November 17).

Judgment

Hodes AJ:

On 28 March 1987 the parties were purportedly married to each B other. Unfortunately for plaintiff she did not know that as long ago as 5 October 1976 defendant had married one Dorinda Shand (hereinafter 'Dorinda') and was still married to her.

Plaintiff now seeks an order declaring this putative marriage to defendant to be a nullity and claims payment of the sum of R10 000 for impairment of her dignitas, payment of a further sum of R10 000 for impairment of her fama as well as payment of a sum of R5 000 on C the grounds of defendant's seduction of her.

Plaintiff testified that when she went through the marriage ceremony with defendant she was not at all aware of the fact that he was a married man. He told her that...