Collett N.O and Others v DA and Another (618/2016) [2016] ZAECGHC 70 (8 September 2016)

Collett N.O and Others v DA and Another (618/2016) [2016] ZAECGHC 70 (8 September 2016)

The court found that the First Respondent failed to establish that the lease and sale agreements he relied upon were validly authorized by the Trust. There was no evidence of proper notice to all Trustees, no validly convened meeting, no majority resolution, and no written minutes or authorization as required by the Trust Deed and relevant statutes. The purported agreements were signed without compliance with the procedural requirements, and the Trust Deed required documents to be signed by two Trustees, which was not done. The court held that the First Respondent had no right or entitlement to possession or control of the Trust's properties, livestock, or implements, and ordered...

Citation
[2016] ZAECGHC 70
Parties
Applicant: Denwill Collett N.O; Applicant: Nola Collett N.O; Applicant: C…… R…… A…… N.O; Applicant: Helette Pretorius N.O; Applicant: Dirk Jacobus Ackerman N.O; Applicant: Craig Collett N.O; Applicant: Roelof Cilliers Krause N.O; Respondent: D…… J…… A…; Respondent: The Master of the High Court, Bloemfontein
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
8 September 2016
Case Number
618/2016
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted; First Respondent declared to have no right or entitlement to possession or control of the Trust's properties, livestock, or implements. Restoration of possession ordered.
Judges
M.J Lowe
Legal Topics
Trust Property Control Act, Trustee Powers and Duties, Validity of Trustee Resolutions, Alienation of Land Act, Lease Agreements, Restoration of Possession
Land and Property Civil Procedure Commercial and Corporate Trust Property Control Act Trustee Powers and Duties Validity of Trustee Resolutions Alienation of Land Act Lease Agreements +1 more

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Parties

Denwill Collett N.O

Applicant

Nola Collett N.O

Applicant

C…… R…… A…… N.O

Applicant

Helette Pretorius N.O

Applicant

Dirk Jacobus Ackerman N.O

Applicant

Craig Collett N.O

Applicant

Roelof Cilliers Krause N.O

Applicant

D…… J…… A…

Respondent

The Master of the High Court, Bloemfontein

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the First Respondent was validly authorized to conclude lease and sale agreements on behalf of the Trust.
  2. 2 Whether the Trust's assets were lawfully leased or sold to the First Respondent or the Harveya Trust.
  3. 3 Whether the Trust complied with its own Deed and statutory requirements in relation to resolutions and authorization of transactions.

Ratio Decidendi

The court found that the First Respondent failed to establish that the lease and sale agreements he relied upon were validly authorized by the Trust. There was no evidence of proper notice to all Trustees, no validly convened meeting, no majority resolution, and no written minutes or authorization as required by the Trust Deed and relevant statutes. The purported agreements were signed without compliance with the procedural requirements, and the Trust Deed required documents to be signed by two Trustees, which was not done. The court held that the First Respondent had no right or entitlement to possession or control of the Trust's properties, livestock, or implements, and ordered...

Court Disposition

Application granted; First Respondent declared to have no right or entitlement to possession or control of the Trust's properties, livestock, or implements. Restoration of possession ordered.

Orders

  • First Respondent is declared to have no right or entitlement to be in possession or control of the farm properties H and C, and all livestock and implements belonging to the Dick Collett (for Carmen) Trust.
  • First Respondent is ordered to restore to the Trust within 24 hours of service of this order upon him, possession and control of the farm properties H and C, as described in the judgment.