Mentoor v Magongoa and Others (084823/2023) [2025] ZAGPPHC 568 (2 June 2025)

Mentoor v Magongoa and Others (084823/2023) [2025] ZAGPPHC 568 (2 June 2025)

The court found that substantial disputes of fact exist which cannot be resolved on the papers. Additionally, Ms Engelbrecht, who seeks to intervene, is not yet a party and must formally apply for joinder. In light of these circumstances, the matter was postponed to allow Ms Engelbrecht to launch her application to intervene. The court reserved costs pending the outcome of further proceedings and made no finding on the merits of the removal of the executrix or the joinder application.

Citation
[2025] ZAGPPHC 568
Parties
Applicant: Reneilwe Legae Mentoor; Respondent: Elizabeth Naledi Magongoa; Respondent: Nelson Magongoa; Respondent: Master of the High Court (Estate 7115/23)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 June 2025
Case Number
084823/2023
Procedural Posture
Urgent Application / Postponement and Interlocutory Application for Joinder
Outcome
The matter was removed from the roll and postponed. Costs were reserved. Ms Engelbrecht was directed to launch her application to intervene by a specified date.
Judges
GC Wright
Legal Topics
Removal of Executrix, Joinder of Parties, Estate Administration, Postponement of Proceedings
Civil Procedure Family and Children Removal of Executrix Joinder of Parties Estate Administration Postponement of Proceedings

Case Brief

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Parties

Reneilwe Legae Mentoor

Applicant

Elizabeth Naledi Magongoa

Respondent

Nelson Magongoa

Respondent

Master of the High Court (Estate 7115/23)

Respondent

Procedural Posture

Urgent Application / Postponement and Interlocutory Application for Joinder

Legal Issues

  1. 1 Whether the executrix should be removed from the deceased estate.
  2. 2 Whether Ms Engelbrecht should be joined as a party to the proceedings.
  3. 3 Whether the matter should be postponed to allow Ms Engelbrecht to apply for intervention.

Ratio Decidendi

The court found that substantial disputes of fact exist which cannot be resolved on the papers. Additionally, Ms Engelbrecht, who seeks to intervene, is not yet a party and must formally apply for joinder. In light of these circumstances, the matter was postponed to allow Ms Engelbrecht to launch her application to intervene. The court reserved costs pending the outcome of further proceedings and made no finding on the merits of the removal of the executrix or the joinder application.

Court Disposition

The matter was removed from the roll and postponed. Costs were reserved. Ms Engelbrecht was directed to launch her application to intervene by a specified date.

Orders

  • The matter is removed from the roll, costs reserved.
  • Ms Engelbrecht must launch her application to intervene by 17 June 2025 at 4pm.