Indeed I am of the view and particularlyon account of applicant being in constructive desertion as is admitted by respondent at alater stage for prodigality.At this juncture I am to say that whileconditions for an interdict are to be satisfied, in the granting of aninterdict pedente lite it would appear the applicant need only establish aprima facie right (see Cleghorn and Harris Ltd. National Union of Distributive Workers, 1940 CPD 409, 419; Erasmus NO v.Nor am I prepared to allow the case to failbecause of the many dust-storms raised to obscure the real claim, afeature of cases that come before this court where real issues aresidelined in favour of non-issues.
Community of property and of profit and loss was the matrimonialproperty regime of Holland well before the thirteenth century and all theassets and liabilities of the spouses whether acquired or incurred before (boedelcheiding, separationbonorum; underlined for emphasis).
Forthough there may be no balance of probability that the applicant willthe balance of convenience is strongly in favour of doing so, just as itmay be proper to refuse the application even where the probabilities arein favour of the applicant if the balance of convenience is against thegrant of interim relief.view balance of convenience favour the applicant.
So far as points inlimine are concerned (3.2), it is immaterial whether the site and buildingsthereon have not been transferred because this is what the applicant isstopping and according to papers before me there is no proof that the site isbeing transferred for value and even if it is being so transferred this is whatapplicant is stopping.
Moreover, the husband was notallowed to make donations to third parties in fraud of his wife Community of property and profit and loss including the matrimonialproperty regime of Holland as it obtained then is the common law of Lesotho and as he has stopped short of the full requirement of the law omitting,conveniently, the rider that if the husband acted fraudulently andfoolishly threatening to reduce his family to destitution she could alwaysapply to Court for an order --- for, amongst other things, the husbandwas not allowed to make donations to third parties in fraud of his wife.In addressing me on this aspect, I have closely read the affidavit of the applicant which is no morethan a running sports commentary with no necessary allegations offraud, destitution and prejudice to mention but a few being, inapplicants view, basis for the application.
However, applicant hasreferred to illegal transfer (para.