Smith & Another v Julia Esther Feris & Others (HC-MD-CIV-MOT-GEN 182 of 2020) [2021] NAHCMD 203 (5 May 2021)
The applicants lack locus standi as they are not beneficiaries or heirs under the will, and the failure to join Rachel Smith, who has a direct and substantial interest, is fatal to the application.
- Citation
- [2021] NAHCMD 203
- Parties
- Applicant: Charles Richard Smith; Applicant: Riaan Martin Smith; Respondent: Julia Esther Feris; Respondent: Ralph Bazil Strauss; Respondent: Master of the High Court
- Court
- High Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 5 May 2021
- Case Number
- HC-MD-CIV-MOT-GEN 182 of 2020
- Procedural Posture
- Motion / Judgment
- Outcome
- application dismissed
- Legal Topics
- Locus Standi, Non Joinder, Testamentary Trust, Will Validity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Charles Richard Smith
Applicant
Riaan Martin Smith
Applicant
Julia Esther Feris
Respondent
Ralph Bazil Strauss
Respondent
Master of the High Court
Respondent
Procedural Posture
Motion / Judgment
Legal Issues
- 1 Whether the applicants have locus standi to bring the application
- 2 Whether the non-joinder of Rachel Smith is fatal to the proceedings
Ratio Decidendi
The applicants lack locus standi as they are not beneficiaries or heirs under the will, and the failure to join Rachel Smith, who has a direct and substantial interest, is fatal to the application.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicants are ordered jointly and severally to pay the costs of the first respondent, including costs of one instructing and one instructed counsel where employed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment