Cekiso and Others v Master of the High Court, Mthatha and Others (311/2017) [2017] ZAECMHC 45 (16 November 2017)

Cekiso and Others v Master of the High Court, Mthatha and Others (311/2017) [2017] ZAECMHC 45 (16 November 2017)

The court found that the second respondent failed to prove the existence of a valid customary marriage with the deceased. The documents submitted by her were inadmissible, lacking proper certification and compliance with statutory requirements for affidavits. There was no credible evidence of lobolo negotiations, celebrations, or the formal handing over of the bride, which are essential for a customary marriage under South African law. The court held that mere cohabitation does not amount to a customary marriage. The applicants, as beneficiaries, had sufficient interest to bring the application regardless of any withdrawal of the executor appointment. The application for eviction was...

Citation
[2017] ZAECMHC 45
Parties
Applicant: Misokuhle Cekiso; Applicant: Lungiswa Cekiso; Applicant: Bomikazi Cekiso; Respondent: Master of the High Court, Mthatha; Respondent: Julia Nomakhephu Kona; Respondent: Sheriff of the High Court, Qumbu; Respondent: Station Commander, Katkop Police Station; Respondent: Henry Siyila; Respondent: MEC for Transport and Safe Liaison for the Eastern Cape
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
16 November 2017
Case Number
311/2017
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted in favour of the applicants, with costs awarded against the second respondent.
Judges
G N Z Mjali
Legal Topics
Customary Marriage Validity, Estate Administration, Locus Standi, Admissibility of Evidence
Family and Children Civil Procedure Customary Marriage Validity Estate Administration Locus Standi Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Misokuhle Cekiso

Applicant

Lungiswa Cekiso

Applicant

Bomikazi Cekiso

Applicant

Master of the High Court, Mthatha

Respondent

Julia Nomakhephu Kona

Respondent

Sheriff of the High Court, Qumbu

Respondent

Station Commander, Katkop Police Station

Respondent

Henry Siyila

Respondent

MEC for Transport and Safe Liaison for the Eastern Cape

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the second respondent was legally married to the deceased, Nkululeko Godwin Cekiso, under customary law.
  2. 2 Whether the second respondent is entitled to inherit from the estate as a surviving spouse.
  3. 3 Whether the second respondent's appointment as executor was valid.

Ratio Decidendi

The court found that the second respondent failed to prove the existence of a valid customary marriage with the deceased. The documents submitted by her were inadmissible, lacking proper certification and compliance with statutory requirements for affidavits. There was no credible evidence of lobolo negotiations, celebrations, or the formal handing over of the bride, which are essential for a customary marriage under South African law. The court held that mere cohabitation does not amount to a customary marriage. The applicants, as beneficiaries, had sufficient interest to bring the application regardless of any withdrawal of the executor appointment. The application for eviction was...

Court Disposition

Application granted in favour of the applicants, with costs awarded against the second respondent.

Orders

  • It is declared that the second respondent was not legally married to the deceased, Nkululeko Godwin Cekiso.
  • The second respondent shall pay the costs of this application on an attorney and client scale.