The respondent applied to the Gauteng Division of the High Court for declaratory relief that she and the appellant had concluded a valid customary marriage in terms of s 3 of the Recognition of Customary Marriages Act 120 of 1998, that the marriage was in community of property, and that an antenuptial contract (ANC) between them was null and void. The appellant denied consenting to a customary marriage or to a marriage in community of property, contending instead that the parties always intended to conclude a civil marriage out of community of property with an ANC. While it was common cause that lobolo negotiations and certain traditional customs were observed, the parties disputed their meaning and legal effect. The ANC was executed and registered, but the relationship later broke down before any civil marriage occurred. The High Court granted the declaratory relief sought. The appellant appealed, arguing that material disputes of fact existed and that motion proceedings and declaratory relief were inappropriate.