Maboa and Another v Sandford Community Trust and Others (118576/2023) [2023] ZAGPPHC 1974 (29 November 2023)

Maboa and Another v Sandford Community Trust and Others (118576/2023) [2023] ZAGPPHC 1974 (29 November 2023)

The court found that the applicants failed to establish urgency in their founding affidavit. Mere allegations of trustees 'wreaking havoc' and reference to financial mismanagement from 2012 were insufficient to justify urgent relief in 2023. The delay in launching proceedings after objections were raised in November 2022 was unexplained. Additional procedural defects, such as non-joinder, lack of authority, and improper service, were noted but not determinative, as the application failed at the urgency threshold. The court concluded that substantial relief could be obtained in due course and struck the application off the roll for lack of urgency. Costs were awarded against the first...

Citation
[2023] ZAGPPHC 1974
Parties
Applicant: Henry Jola Maboa; Applicant: Beneficiaries of Sandford Community Trust; Respondent: Sandford Community Trust; Respondent: Any Interested Person; Respondent: Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 November 2023
Case Number
118576/2023
Procedural Posture
Urgent Application / Application to Strike Off the Roll for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency; costs awarded against the first applicant.
Judges
Ngalwana
Legal Topics
Urgency, Trustee Appointment, Non Joinder, Locus Standi
Civil Procedure Land and Property Urgency Trustee Appointment Non Joinder Locus Standi

Case Brief

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Parties

Henry Jola Maboa

Applicant

Beneficiaries of Sandford Community Trust

Applicant

Sandford Community Trust

Respondent

Any Interested Person

Respondent

Master of the High Court

Respondent

Procedural Posture

Urgent Application / Application to Strike Off the Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application is urgent and should be heard on an urgent basis.
  2. 2 Whether the applicants have made out a case for the appointment of new trustees.
  3. 3 Whether there has been proper joinder and service on all interested parties.

Ratio Decidendi

The court found that the applicants failed to establish urgency in their founding affidavit. Mere allegations of trustees 'wreaking havoc' and reference to financial mismanagement from 2012 were insufficient to justify urgent relief in 2023. The delay in launching proceedings after objections were raised in November 2022 was unexplained. Additional procedural defects, such as non-joinder, lack of authority, and improper service, were noted but not determinative, as the application failed at the urgency threshold. The court concluded that substantial relief could be obtained in due course and struck the application off the roll for lack of urgency. Costs were awarded against the first...

Court Disposition

Application struck off the roll for lack of urgency; costs awarded against the first applicant.

Orders

  • The application is struck off the roll for lack of urgency.
  • The first applicant is to pay the costs of this application on a party and party scale.