Diale and Another v Diale and Another In re: Diale v Gallery Momo Johannesburg (Pty) Ltd (2019/23347) [2021] ZAGPJHC 603 (23 March 2021)

Diale and Another v Diale and Another In re: Diale v Gallery Momo Johannesburg (Pty) Ltd (2019/23347) [2021] ZAGPJHC 603 (23 March 2021)

The court found that the Trust, through its trustees, has a substantial interest in the subject matter of the main application, as the Gallery relies on its alleged agreement with the Trust as a defence. The Trust's interest is not negated by the fact that the main application seeks relief for the estate; rather, the Trust's rights may be affected by the outcome. The court held that it is in the interests of justice for the Trust to be joined so that all relevant issues can be determined at once. The Gallery's opposition was found to be without merit, and costs were awarded against it.

Citation
[2021] ZAGPJHC 603
Parties
Applicant: Marriam Diale N.O.; Applicant: Safeiya Robyn Morris N.O.; Respondent: Marriam Diale N.O.; Respondent: Gallery Momo Johannesburg (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 March 2021
Case Number
2019/23347
Procedural Posture
Joinder Application / Joinder Application in Main Proceedings
Outcome
Joinder granted; costs awarded against the Gallery.
Judges
Yacoob
Legal Topics
Joinder of Parties, Substantial Interest, Mandate Termination, Trust Law
Civil Procedure Commercial and Corporate Joinder of Parties Substantial Interest Mandate Termination Trust Law

Case Brief

Summary, issues, holding and outcome

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Parties

Marriam Diale N.O.

Applicant

Safeiya Robyn Morris N.O.

Applicant

Marriam Diale N.O.

Respondent

Gallery Momo Johannesburg (Pty) Ltd

Respondent

Procedural Posture

Joinder Application / Joinder Application in Main Proceedings

Legal Issues

  1. 1 Whether the Dumile Feni Family Trust should be joined as an applicant in the main application.
  2. 2 Whether the Trust has a substantial interest in the subject matter of the main application.
  3. 3 Whether the Gallery's opposition to joinder is justified.

Ratio Decidendi

The court found that the Trust, through its trustees, has a substantial interest in the subject matter of the main application, as the Gallery relies on its alleged agreement with the Trust as a defence. The Trust's interest is not negated by the fact that the main application seeks relief for the estate; rather, the Trust's rights may be affected by the outcome. The court held that it is in the interests of justice for the Trust to be joined so that all relevant issues can be determined at once. The Gallery's opposition was found to be without merit, and costs were awarded against it.

Court Disposition

Joinder granted; costs awarded against the Gallery.

Orders

  • Marriam Diale N.O. and Safeiya Robyn Morris N.O. in their capacity as trustees of the Dumile Feni Family Trust are joined as second and third respondents in the main application.
  • The second respondent in the joinder application (Gallery Momo Johannesburg (Pty) Ltd) is to pay the costs of the joinder application.