Mokken N.O and Others v Master of the High Court, Pretoria and Others (33000/20) [2021] ZAGPPHC 742 (2 November 2021)

Mokken N.O and Others v Master of the High Court, Pretoria and Others (33000/20) [2021] ZAGPPHC 742 (2 November 2021)

The court found that the applicants voluntarily consented to the amendment of the Trust deed, both orally and in writing, and that there was no factual basis for allegations of duress, compulsion, or misrepresentation. The Master’s decision to issue new letters of authority constituted administrative action, which stands until set aside by a court. The applicants failed to follow the appropriate review procedure under Rule 53 and did not make out a case on the papers. The request for referral to trial was made belatedly and without factual support. The applicants’ conduct, including non-disclosure of material facts and duplicative litigation, warranted a punitive costs order. The...

Citation
[2021] ZAGPPHC 742
Parties
Applicant: Jan Alexander Mokken N.O; Applicant: Lize Mokken N.O; Applicant: Coen Vermaak N.O; Respondent: The Master of the High Court, Pretoria; Respondent: Mahomed Carim N.O; Respondent: Aboo Baker Carim N.O
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 November 2021
Case Number
33000/20
Procedural Posture
Review Application / Final Judgment on Application
Outcome
Application dismissed with costs on an attorney and client scale de bonis propriis.
Judges
DT Skosana
Legal Topics
Trust Deed Amendment, Administrative Action Review, Letters of Authority, Duress in Contract, Non Disclosure
Civil Procedure Land and Property Trust Deed Amendment Administrative Action Review Letters of Authority Duress in Contract Non Disclosure

Case Brief

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Parties

Jan Alexander Mokken N.O

Applicant

Lize Mokken N.O

Applicant

Coen Vermaak N.O

Applicant

The Master of the High Court, Pretoria

Respondent

Mahomed Carim N.O

Respondent

Aboo Baker Carim N.O

Respondent

Procedural Posture

Review Application / Final Judgment on Application

Legal Issues

  1. 1 Whether the amendment to the Trust deed was valid and effective.
  2. 2 Whether the appointment of the second and third respondents as trustees is void.
  3. 3 Whether the Master’s administrative action in issuing new letters of authority stands until set aside.

Ratio Decidendi

The court found that the applicants voluntarily consented to the amendment of the Trust deed, both orally and in writing, and that there was no factual basis for allegations of duress, compulsion, or misrepresentation. The Master’s decision to issue new letters of authority constituted administrative action, which stands until set aside by a court. The applicants failed to follow the appropriate review procedure under Rule 53 and did not make out a case on the papers. The request for referral to trial was made belatedly and without factual support. The applicants’ conduct, including non-disclosure of material facts and duplicative litigation, warranted a punitive costs order. The...

Court Disposition

Application dismissed with costs on an attorney and client scale de bonis propriis.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of this application on a scale as between attorney and client de bonis propriis (out of their own pockets and not from the funds of the Trust).