Mwananshiku and Others v Mwananshiku and Others (24895/2017) [2019] ZAGPJHC 150 (15 May 2019)

Mwananshiku and Others v Mwananshiku and Others (24895/2017) [2019] ZAGPJHC 150 (15 May 2019)

The court found that the applicants lacked standing as 'interested persons' under section 35(7) of the Estates Act, as they were not entitled to share in the distribution of the estate of Ngoshe Mwananshiku. Their claim, based on alleged misappropriation of funds from the estate of Frederick Arthur Mwananshiku, was rejected by the executrix, and any challenge to that rejection should have been pursued under section 33 of the Estates Act, not by objection to the liquidation and distribution account. The relief sought to prevent distribution pending the Master's decision was not competent, especially as it included a contingency for a future adverse decision. Furthermore, the applicants'...

Citation
[2019] ZAGPJHC 150
Parties
Applicant: Beatrice Mwananshiku; Applicant: Kampamba Mwananshiku; Applicant: Mumbi Mwananshiku; Applicant: Zombe Mwananshiku; Applicant: Namukwanya Mwananshiku; Applicant: Lucy Mwananshiku; Respondent: Linda Kaunda Jangulo Mwananshiku; Respondent: Linda Kaunda Jangulo Mwananshiku N.O; Respondent: O’Hagan Attorneys; Respondent: The Master, Johannesburg; Respondent: The Registrar of Deeds, Pretoria
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 May 2019
Case Number
24895/2017
Procedural Posture
Urgent Application / Interim Interdict Application Before Final Distribution of Deceased Estate Assets
Outcome
Application dismissed with costs, including reserved costs and costs of the security for costs application.
Judges
R Sutherland
Legal Topics
Interim Interdict, Administration of Deceased Estates, Locus Standi, Liquidation and Distribution Account, Rejected Claims, Delay in Prosecution
Civil Procedure Land and Property Interim Interdict Administration of Deceased Estates Locus Standi Liquidation and Distribution Account Rejected Claims Delay in Prosecution

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Parties

Beatrice Mwananshiku

Applicant

Kampamba Mwananshiku

Applicant

Mumbi Mwananshiku

Applicant

Zombe Mwananshiku

Applicant

Namukwanya Mwananshiku

Applicant

Lucy Mwananshiku

Applicant

Linda Kaunda Jangulo Mwananshiku

Respondent

Linda Kaunda Jangulo Mwananshiku N.O

Respondent

O’Hagan Attorneys

Respondent

The Master, Johannesburg

Respondent

The Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Before Final Distribution of Deceased Estate Assets

Legal Issues

  1. 1 Whether the applicants have standing as 'interested persons' under section 35(7) of the Estates Act to object to the liquidation and distribution account.
  2. 2 Whether the requirements for an interim interdict are satisfied to prevent distribution of estate assets pending the Master's decision.
  3. 3 Whether relief can be granted on the contingency of a future adverse administrative decision.

Ratio Decidendi

The court found that the applicants lacked standing as 'interested persons' under section 35(7) of the Estates Act, as they were not entitled to share in the distribution of the estate of Ngoshe Mwananshiku. Their claim, based on alleged misappropriation of funds from the estate of Frederick Arthur Mwananshiku, was rejected by the executrix, and any challenge to that rejection should have been pursued under section 33 of the Estates Act, not by objection to the liquidation and distribution account. The relief sought to prevent distribution pending the Master's decision was not competent, especially as it included a contingency for a future adverse decision. Furthermore, the applicants'...

Court Disposition

Application dismissed with costs, including reserved costs and costs of the security for costs application.

Orders

  • The application is dismissed with costs, including the costs reserved in respect of the hearing on 25 July 2017 and the costs occasioned by the application in respect of the provision of security for costs.