Dladla N.O and Others v Lamula N.O and Others (27440/2021) [2021] ZAGPPHC 763 (26 October 2021)

Dladla N.O and Others v Lamula N.O and Others (27440/2021) [2021] ZAGPPHC 763 (26 October 2021)

The court found that it had jurisdiction to hear the application as the trust was registered in Pretoria and the trustees were appointed by the Master of the High Court. However, the application was improperly brought as an urgent ex parte matter, as the applicants failed to justify the urgency and did not provide the respondents with an opportunity to respond. The applicants also committed material non-disclosure by failing to disclose previous litigation and pending applications for their removal. The objections regarding urgency, ex parte procedure, and non-disclosure were upheld. The court varied the previous ex parte order, directing the Master of the High Court to file a report and...

Citation
[2021] ZAGPPHC 763
Parties
Applicant: Sibusiso John Dladla N.O; Applicant: Mzamosi Florah Ngomane N.O; Applicant: Zuka Simeon Ndlovu N.O; Applicant: Thandiwe Fabese Themba N.O; Respondent: Happy Lamula N.O; Respondent: John Chipa Nkalanga N.O; Respondent: Nanashi Margaret Mashale N.O; Respondent: Ntombizodwa Dorah Sibiya N.O; Respondent: Duddu Sylvia Nkentshane N.O; Respondent: Jabulile Mumcy Mube N.O; Respondent: Takalani Matodzi N.O; Respondent: Master of the High Court, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 October 2021
Case Number
27440/2021
Procedural Posture
Urgent Application / Reconsideration of Ex Parte Order Under Rule 12(6)(c)
Outcome
The ex parte order granted on 8 June 2021 is varied and amended. The Master of the High Court is directed to file a report, all trustees remain in office pending the report, all litigation is suspended, and legal costs are to be paid by the trust.
Judges
Sardiwalla
Legal Topics
Trust Administration, Ex Parte Applications, Urgency, Material Non Disclosure, Jurisdiction, Trust Property Control Act
Civil Procedure Land and Property Trust Administration Ex Parte Applications Urgency Material Non Disclosure Jurisdiction Trust Property Control Act

Case Brief

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Parties

Sibusiso John Dladla N.O

Applicant

Mzamosi Florah Ngomane N.O

Applicant

Zuka Simeon Ndlovu N.O

Applicant

Thandiwe Fabese Themba N.O

Applicant

Happy Lamula N.O

Respondent

John Chipa Nkalanga N.O

Respondent

Nanashi Margaret Mashale N.O

Respondent

Ntombizodwa Dorah Sibiya N.O

Respondent

Duddu Sylvia Nkentshane N.O

Respondent

Jabulile Mumcy Mube N.O

Respondent

Takalani Matodzi N.O

Respondent

Master of the High Court, Pretoria

Respondent

Procedural Posture

Urgent Application / Reconsideration of Ex Parte Order Under Rule 12(6)(c)

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the application for removal and suspension of trustees of the Siphumelele Tenbosch Trust.
  2. 2 Whether the application was correctly brought as an urgent ex parte application.
  3. 3 Whether there was material non-disclosure by the applicants regarding previous litigation and pending applications.

Ratio Decidendi

The court found that it had jurisdiction to hear the application as the trust was registered in Pretoria and the trustees were appointed by the Master of the High Court. However, the application was improperly brought as an urgent ex parte matter, as the applicants failed to justify the urgency and did not provide the respondents with an opportunity to respond. The applicants also committed material non-disclosure by failing to disclose previous litigation and pending applications for their removal. The objections regarding urgency, ex parte procedure, and non-disclosure were upheld. The court varied the previous ex parte order, directing the Master of the High Court to file a report and...

Court Disposition

The ex parte order granted on 8 June 2021 is varied and amended. The Master of the High Court is directed to file a report, all trustees remain in office pending the report, all litigation is suspended, and legal costs are to be paid by the trust.

Orders

  • The order granted on 8 June 2021 is varied and amended as set out below.
  • The Master of the High Court is ordered to invoke Section 16 of the Trust Property Control Act 57 of 1998 and file a report on or before 8 October 2021.