Page:Gory v Kolver (HC).djvu/4

Rh They shared the expenses related to the common home. The applicant gave the deceased R2 000 per month for the bond payment, water and lights, rates and taxes and armed response. They divided other expenses and the applicant paid the domestic worker and garden service. Household necessaries were bought jointly. The applicant attached his bank statements from June 2004 until 30 April 2005. They indicate clearly that regular payments were made by the applicant to the deceased and confirm in general his allegations about the way in which the household and other expenses were paid. It is clear that they had a common home and a joint household to which both of them contributed.

The applicant states that on 2 December 2004 the deceased gave him a box of gifts for his 43rd birthday the next day. One of the items in the box was a very expensive platinum ring. The deceased told him that he had saved for months to buy the ring and that it was the applicant's wedding band. They held a birthday party for the applicant on 5 December 2004. There were 32 guests including the second- and third respondents and other members of the deceased's family. The applicant states that they showed the ring to the guests and that he talked of it as "die ring wat my man vir my gekoop het". They announced to the guests that their relationship was the real thing. He states they were congratulated by the guests who accepted that he and the deceased were, for all intents and purposes, married.

The second- and third respondents do not deny that they were at the party. They allege that they left early and were not present when the announcement was made and when the ring was shown. They admit that the deceased and the applicant had their photograph taken, on 15 December 2004, when the ring was resized, standing close to one another, the deceased holding the applicant's hand, displaying the ring on the applicant's ring finger. A number of the guests confirmed the applicant's allegation of what happened at the party and what they thought the nature of the relationship was.

The deceased died on 30 April 2005. During the days following the demise of the deceased the second- and third respondents and their family removed a number of the