Mthembu v Mlamba and Others (17373/2019) [2025] ZAGPJHC 269 (7 March 2025)

Mthembu v Mlamba and Others (17373/2019) [2025] ZAGPJHC 269 (7 March 2025)

The applicant failed to serve the application on the Master of the High Court, resulting in fatal non-joinder of a party with a direct and substantial interest. The applicant did not establish, on the facts or law, that the Master had validly revoked the first respondent’s letter of executorship or that the will was accepted and registered prior to the property transaction. The Master is functus officio after issuing a letter of executorship and cannot declare it invalid except through proper procedures involving the Chief Master or the Court. The sale of the property was concluded while the first respondent held a valid letter of executorship, and there was no legal basis to set aside...

Citation
[2025] ZAGPJHC 269
Parties
Applicant: Siphiwe Hilda Mthembu; First Respondent: Themba Mlamba; Second Respondent: Themba Rafiq Thabit; Third Respondent: Tebogo Doris Thabit; Fourth Respondent: Master of the High Court; Fifth Respondent: Registrar of Deeds Gauteng, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 March 2025
Case Number
17373/2019
Procedural Posture
Review Application / Judgment After Opposed Motion
Outcome
Application dismissed with costs awarded against the applicant.
Judges
Snyman
Legal Topics
Administration of Estates Act, Joinder and Service, Executor Removal, Validity of Will, Sale of Deceased Estate Property
Land and Property Civil Procedure Administration of Estates Act Joinder and Service Executor Removal Validity of Will Sale of Deceased Estate Property

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 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Siphiwe Hilda Mthembu

Applicant

Themba Mlamba

First Respondent

Themba Rafiq Thabit

Second Respondent

Tebogo Doris Thabit

Third Respondent

Master of the High Court

Fourth Respondent

Registrar of Deeds Gauteng, Johannesburg

Fifth Respondent

Procedural Posture

Review Application / Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the sale of the property by the first respondent as executor was valid and lawful.
  2. 2 Whether the Master of the High Court had the power to declare the letter of executorship issued to the first respondent null and void.
  3. 3 Whether the applicant established a factual and legal basis for setting aside the property transaction.

Ratio Decidendi

The applicant failed to serve the application on the Master of the High Court, resulting in fatal non-joinder of a party with a direct and substantial interest. The applicant did not establish, on the facts or law, that the Master had validly revoked the first respondent’s letter of executorship or that the will was accepted and registered prior to the property transaction. The Master is functus officio after issuing a letter of executorship and cannot declare it invalid except through proper procedures involving the Chief Master or the Court. The sale of the property was concluded while the first respondent held a valid letter of executorship, and there was no legal basis to set aside...

Court Disposition

Application dismissed with costs awarded against the applicant.

Orders

  • The applicant’s application is dismissed.
  • The applicant is ordered to pay the first, second and third respondents’ costs on the party and party scale B.