Dlamini v Nchupetsang N.O and Others In re: Nchupetsang N.O v Dlamini and Others (22496/2020) [2021] ZAGPJHC 806 (5 November 2021)

Dlamini v Nchupetsang N.O and Others In re: Nchupetsang N.O v Dlamini and Others (22496/2020) [2021] ZAGPJHC 806 (5 November 2021)

The court found that the application for rescission was not supported by sufficient grounds under common law. The alleged new documents (copy of the will and lobola letters) did not constitute exceptional circumstances warranting rescission, as the will was found to be a forgery by a forensic expert and the applicant failed to rebut this evidence. The issue of the customary marriage was previously adjudicated and is res judicata, barring further litigation on the same matter. The applicant was not lawfully married to the deceased, and her application to be appointed as executrix was without merit. The first respondent's appointment as executrix was valid and supported by the deceased's...

Citation
[2021] ZAGPJHC 806
Parties
Applicant: Shantel Dlamini; Respondent: Sophie Ntebaleng Nchupetsang N.O.; Respondent: Dintle Moeketsi JR Ntooele; Respondent: Minister of Home Affairs; Respondent: Master of the High Court
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 November 2021
Case Number
22496/2020
Procedural Posture
Rescission Application / Final Judgment on Application for Rescission and Related Relief
Outcome
Application dismissed. All prayers sought by the applicant are refused.
Judges
Oosthuizen-Senekal CSP
Legal Topics
Rescission of Judgment, Customary Marriage, Appointment of Executor, Validity of Will, Res Judicata, Administration of Estates
Civil Procedure Family and Children Land and Property Rescission of Judgment Customary Marriage Appointment of Executor Validity of Will Res Judicata +1 more

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Parties

Shantel Dlamini

Applicant

Sophie Ntebaleng Nchupetsang N.O.

Respondent

Dintle Moeketsi JR Ntooele

Respondent

Minister of Home Affairs

Respondent

Master of the High Court

Respondent

Procedural Posture

Rescission Application / Final Judgment on Application for Rescission and Related Relief

Legal Issues

  1. 1 Whether the applicant has established grounds for rescission of the judgment granted on 8 September 2020 under case number 22496/2020.
  2. 2 Whether the applicant's alleged customary marriage to the deceased should be recognized and registered under the Recognition of Customary Marriages Act.
  3. 3 Whether the copy of the will discovered after judgment should be accepted as the valid last will and testament of the deceased.

Ratio Decidendi

The court found that the application for rescission was not supported by sufficient grounds under common law. The alleged new documents (copy of the will and lobola letters) did not constitute exceptional circumstances warranting rescission, as the will was found to be a forgery by a forensic expert and the applicant failed to rebut this evidence. The issue of the customary marriage was previously adjudicated and is res judicata, barring further litigation on the same matter. The applicant was not lawfully married to the deceased, and her application to be appointed as executrix was without merit. The first respondent's appointment as executrix was valid and supported by the deceased's...

Court Disposition

Application dismissed. All prayers sought by the applicant are refused.

Orders

  • Prayer 1, 2, 3, 4 and 5 are dismissed.
  • The applicant is ordered to pay the cost of the application on a party and party scale.