Greef NO v Greef and Others (61180/2016) [2017] ZAGPPHC 1106 (20 October 2017)

Greef NO v Greef and Others (61180/2016) [2017] ZAGPPHC 1106 (20 October 2017)

The court found that the late applicant, having acted in a representative capacity as administrator of his father's estate, had completed his mandate under the Letter of Authority and no longer had locus standi to bring the application. The executors of the applicant's own estate could not be substituted as applicant, as they had no nexus to the relief sought, which pertained to the estate of the late Gabriel Johannes Greef. The requirements for the relief sought against the Master of the High Court and the Registrar of Deeds were not established, as the applicant failed to provide sufficient facts to justify a mandamus or to show unreasonable delay or denial by the Master. The court...

Citation
[2017] ZAGPPHC 1106
Parties
Applicant: Johannes Gerhardus Greef NO; Respondent: Marie Greef (previously Grobbelaar); Respondent: Registrar of Deeds, Pretoria; Respondent: Master of the High Court, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 October 2017
Case Number
61180/2016
Procedural Posture
Civil Application / Judgment on Opposed Application Following Applicant's Death
Outcome
Application dismissed due to applicant's death and lack of locus standi.
Judges
E van der Schyff
Legal Topics
Locus Standi, Substitution of Parties, Administration of Deceased Estates, Jurisdiction, Interdictory Relief
Civil Procedure Land and Property Locus Standi Substitution of Parties Administration of Deceased Estates Jurisdiction Interdictory Relief

Case Brief

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Parties

Johannes Gerhardus Greef NO

Applicant

Marie Greef (previously Grobbelaar)

Respondent

Registrar of Deeds, Pretoria

Respondent

Master of the High Court, Pretoria

Respondent

Procedural Posture

Civil Application / Judgment on Opposed Application Following Applicant's Death

Legal Issues

  1. 1 Whether the executors of the deceased applicant's estate may be substituted as applicant in the proceedings.
  2. 2 Whether the applicant had locus standi to bring the application in a representative capacity.
  3. 3 Whether the requirements for the relief sought against the Master of the High Court and the Registrar of Deeds were established.

Ratio Decidendi

The court found that the late applicant, having acted in a representative capacity as administrator of his father's estate, had completed his mandate under the Letter of Authority and no longer had locus standi to bring the application. The executors of the applicant's own estate could not be substituted as applicant, as they had no nexus to the relief sought, which pertained to the estate of the late Gabriel Johannes Greef. The requirements for the relief sought against the Master of the High Court and the Registrar of Deeds were not established, as the applicant failed to provide sufficient facts to justify a mandamus or to show unreasonable delay or denial by the Master. The court...

Court Disposition

Application dismissed due to applicant's death and lack of locus standi.

Orders

  • The application is dismissed.
  • No order is made as to costs.