Molefe and Others Dichabe N.O and Another (56511/17) [2018] ZAGPPHC 327 (10 May 2018)

Molefe and Others Dichabe N.O and Another (56511/17) [2018] ZAGPPHC 327 (10 May 2018)

The Court found that the first respondent and her agent, Mr Moabi, failed in their duty to finalise the estate, justifying a punitive costs order. However, the Master of the High Court also contributed to the delay by failing to notify both attorneys of the removal of the first respondent as executrix in February 2018. Given that neither party was aware of the removal until April 2018, the Court exercised its discretion to award costs on the attorney and client scale only up to 13 February 2018, balancing the neglect of duty with the procedural shortcomings of the Master.

Citation
[2018] ZAGPPHC 327
Parties
Applicant: Boitumelo Molefe; Applicant: Lebogang Molefe; Applicant: Paballo Molefe; Respondent: Mmapitso Grace Dichabe N.O; Respondent: The Master of the High Court, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 May 2018
Case Number
56511/17
Procedural Posture
Civil Application / Costs Determination After Removal of Executrix
Outcome
Costs awarded against the first respondent on the attorney and client scale up to 13 February 2018.
Judges
Senyatsi
Legal Topics
Administration of Deceased Estates, Costs Award, Judicial Discretion, Attorney and Client Scale
Civil Procedure Family and Children Administration of Deceased Estates Costs Award Judicial Discretion Attorney and Client Scale

Case Brief

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Parties

Boitumelo Molefe

Applicant

Lebogang Molefe

Applicant

Paballo Molefe

Applicant

Mmapitso Grace Dichabe N.O

Respondent

The Master of the High Court, Pretoria

Respondent

Procedural Posture

Civil Application / Costs Determination After Removal of Executrix

Legal Issues

  1. 1 Whether the first respondent should be liable for costs on the attorney and client scale up to 13 February 2018.
  2. 2 Whether the conduct of the first respondent and her agent justified a punitive costs order.
  3. 3 Whether the Master of the High Court's failure to notify attorneys affected the costs determination.

Ratio Decidendi

The Court found that the first respondent and her agent, Mr Moabi, failed in their duty to finalise the estate, justifying a punitive costs order. However, the Master of the High Court also contributed to the delay by failing to notify both attorneys of the removal of the first respondent as executrix in February 2018. Given that neither party was aware of the removal until April 2018, the Court exercised its discretion to award costs on the attorney and client scale only up to 13 February 2018, balancing the neglect of duty with the procedural shortcomings of the Master.

Court Disposition

Costs awarded against the first respondent on the attorney and client scale up to 13 February 2018.

Orders

  • The first respondent is ordered to pay costs on the scale as between attorney and client up to the 13 February 2018.