Moeketsi and Another v Hageman N.O and Others (3767/18) [2022] ZAGPJHC 718 (20 September 2022)

Moeketsi and Another v Hageman N.O and Others (3767/18) [2022] ZAGPJHC 718 (20 September 2022)

The court found that the first plaintiff failed to discharge the onus of proof that the 2013 Will was invalid. The evidence of the defendants and their witnesses was consistent and credible, establishing that the deceased signed the Will at the FNB Brakpan branch in the presence of both witnesses, who signed concurrently. The plaintiff's allegations of undue influence and procedural irregularity were unsupported and contradicted by the evidence. The plaintiff's own conduct, including misrepresentations to the Master and evasive testimony, further undermined his credibility. The court was satisfied that the Will complied with the requirements of the Wills Act and dismissed the plaintiff's...

Citation
[2022] ZAGPJHC 718
Parties
Plaintiff: Lloyd Moeketsi; Plaintiff: Collen Moeketsi; Defendant: Johanna Catharina Sophia Hageman N.O; Defendant: Xenocrate Nkotoloane Moeketsi; Defendant: Mercia Mantwane Deneo Moeketsi; Defendant: Registrar Deeds – Johannesburg; Defendant: Master of the High Court – Johannesburg; Defendant: Ekurhuleni Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 September 2022
Case Number
3767/18
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim dismissed with costs.
Judges
Dlamini
Legal Topics
Wills Act Compliance, Testamentary Capacity, Undue Influence, Intestate Succession
Family and Children Land and Property Wills Act Compliance Testamentary Capacity Undue Influence Intestate Succession

Case Brief

Summary, issues, holding and outcome

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Parties

Lloyd Moeketsi

Plaintiff

Collen Moeketsi

Plaintiff

Johanna Catharina Sophia Hageman N.O

Defendant

Xenocrate Nkotoloane Moeketsi

Defendant

Mercia Mantwane Deneo Moeketsi

Defendant

Registrar Deeds – Johannesburg

Defendant

Master of the High Court – Johannesburg

Defendant

Ekurhuleni Municipality

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the 2013 Will of the deceased was valid in terms of the Wills Act.
  2. 2 Whether the Will was signed by the deceased in the presence of two competent witnesses as required by law.
  3. 3 Whether the deceased was unduly influenced into signing the 2013 Will.

Ratio Decidendi

The court found that the first plaintiff failed to discharge the onus of proof that the 2013 Will was invalid. The evidence of the defendants and their witnesses was consistent and credible, establishing that the deceased signed the Will at the FNB Brakpan branch in the presence of both witnesses, who signed concurrently. The plaintiff's allegations of undue influence and procedural irregularity were unsupported and contradicted by the evidence. The plaintiff's own conduct, including misrepresentations to the Master and evasive testimony, further undermined his credibility. The court was satisfied that the Will complied with the requirements of the Wills Act and dismissed the plaintiff's...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The first Plaintiff's claim is dismissed with costs.