After multiple legal disputes and a 9-year-long feud between two neighbours of Cape Town’s affluent suburb, Camps Bay, resident Clem Kirst (52), has been held responsible for legal expenses that are believed to have accumulated to approximately R1.8m.
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Trevor Forster (69), a resident of Camps Bay and neighbour to Kirst sort legal action against the accused for various offences such as shining bright lights into his bedrooms, shouting, finger-pointing and even causing Forster to suffer a heart attack.
Forster took legal action against Kirst and was granted an interim nuisance interdict that was made final the following year. In 2020, Kirst’s attempt to rescind the interdict was unsuccessful.
Despite the court ruling that Kirst must pay Forster’s legal fees, which date back to 2018, Kirst has not made any payments. Kirst claimed to have no income, but the court found that he had ‘deceptive and ulterior motives.’
TimesLive reported that a financial investigation was carried out by the court to determine whether Kirst was able to cover the legal costs resulting from his loss in a high court case in 2018.
Kirst attempted to argue that he was financially strapped, but his claims fell on deaf ears as magistrate Eric Nogilana pointed out that he drives a luxury car and frequently takes trips abroad.
Magistrate Nogilana expressed his scepticism towards Kirst’s claim of using his ex-wife’s Mercedes-Benz ML, pointing out that Kirst sometimes referred to her as his wife, not ex-wife. The magistrate found many aspects of Kirst’s testimony perplexing.
Magistrate Nogilana said, ‘It remains a so-called mystery as to [Kirst’s] use of the vehicle. When the question was put to the debtor as to why he always uses the car, the debtor says “she allows him to use it”. I find myself baffled. It is used too many times.’
During the court proceedings, Kirst made the claim that he had shut down his bank accounts. However, Magistrate Nogilana remained sceptical of Kirst’s statement.
‘There were trips taken over the time funded by the [Kirst’s] wife who resides with [Kirst] and various cars of expensive value, and food and clothes which was provided for by kind-hearted people and various other explanations.’
‘I believe it is designed for his own convenience. It is worth mentioning the debtor has been a difficult witness, with a sense of deception and recognisable sense of sacrosanct and being sarcastic,’ said Magistrate Nogilana.
According to Magistrate Nogilana’s ruling, Kirst had 60 days to follow the high court’s order.
The neighbours are expected to face each other in court once more on 11 April, where it will be decided whether the interim protection order that has been issued against Kirst should be upgraded to a permanent one.
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