Maja and Others v Trustees for the time being of Reboile Trust and Others (7805/2020) [2022] ZALMPPHC 29 (10 June 2022)

Maja and Others v Trustees for the time being of Reboile Trust and Others (7805/2020) [2022] ZALMPPHC 29 (10 June 2022)

The court found that the applicants were not validly elected or appointed as trustees of the Reboile Trust, as the trust deed does not empower beneficiaries to elect or appoint trustees; only the trustees in office have such powers. The applicants failed to establish locus standi, as they do not appear on the list of beneficiaries and did not provide sufficient evidence of beneficiary status. The resignations of trustees were not accepted, and the Master lawfully issued letters of authority to the current trustees. No grounds were established for the removal of the trustee respondents, as the applicants relied solely on alleged resignations and failed to show that the conduct of the...

Citation
[2022] ZALMPPHC 29
Parties
Applicant: Serobi Milton Maja; Applicant: Chanchi Hans Lekota; Applicant: Phauwe Frans Radebe; Applicant: Lesiba Shadrack Maleka; Applicant: Matome Godfrey Masekwameng; Applicant: Katlego Solomon Legodi; Respondent: Trustees for the time being of Reboile Trust (IT2495/2001); Respondent: Joel Mokaka Legodi N.O; Respondent: Mathethi Thomas Legodi N.O; Respondent: Raesibe Anna Rikhotso N.O; Respondent: Madimetja Herman Legodi N.O; Respondent: Matsobane Joas Legodi N.O; Respondent: Mashiba William Kganyago N.O; Respondent: Michael Legodi N.O; Respondent: Salphina Legodi N.O; Respondent: The Master of the High Court, Pretoria; Respondent: Anglo Platinum Mine; Respondent: First National Bank, a division of; Respondent: Firstrand Bank Limited
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
10 June 2022
Case Number
7805/2020
Procedural Posture
Review Application / Final Judgment on Merits
Outcome
Application dismissed with costs awarded against the applicants.
Judges
E M Makgoba
Legal Topics
Trustee Removal, Trust Deed Interpretation, Locus Standi, Letters of Authority, Beneficiary Verification
Land and Property Civil Procedure Trustee Removal Trust Deed Interpretation Locus Standi Letters of Authority Beneficiary Verification

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Serobi Milton Maja

Applicant

Chanchi Hans Lekota

Applicant

Phauwe Frans Radebe

Applicant

Lesiba Shadrack Maleka

Applicant

Matome Godfrey Masekwameng

Applicant

Katlego Solomon Legodi

Applicant

Trustees for the time being of Reboile Trust (IT2495/2001)

Respondent

Joel Mokaka Legodi N.O

Respondent

Mathethi Thomas Legodi N.O

Respondent

Raesibe Anna Rikhotso N.O

Respondent

Madimetja Herman Legodi N.O

Respondent

Matsobane Joas Legodi N.O

Respondent

Mashiba William Kganyago N.O

Respondent

Michael Legodi N.O

Respondent

Salphina Legodi N.O

Respondent

The Master of the High Court, Pretoria

Respondent

Anglo Platinum Mine

Respondent

First National Bank, a division of

Respondent

Firstrand Bank Limited

Respondent

Procedural Posture

Review Application / Final Judgment on Merits

Legal Issues

  1. 1 Whether the applicants were validly elected or appointed as trustees of the Reboile Trust.
  2. 2 Whether the beneficiaries have the power to elect or appoint trustees under the trust deed.
  3. 3 Whether the applicants have locus standi to seek removal of the current trustees.

Ratio Decidendi

The court found that the applicants were not validly elected or appointed as trustees of the Reboile Trust, as the trust deed does not empower beneficiaries to elect or appoint trustees; only the trustees in office have such powers. The applicants failed to establish locus standi, as they do not appear on the list of beneficiaries and did not provide sufficient evidence of beneficiary status. The resignations of trustees were not accepted, and the Master lawfully issued letters of authority to the current trustees. No grounds were established for the removal of the trustee respondents, as the applicants relied solely on alleged resignations and failed to show that the conduct of the...

Court Disposition

Application dismissed with costs awarded against the applicants.

Orders

  • The application is dismissed.
  • The applicants are to pay the costs of the application jointly and severally, the one paying the other to be absolved.