Ndlovu v Old Mutual Limited and Another (1908/2022) [2025] ZAMPMBHC 22 (27 March 2025)

Ndlovu v Old Mutual Limited and Another (1908/2022) [2025] ZAMPMBHC 22 (27 March 2025)

The court found that the applicant failed to demonstrate genuine urgency as required by Uniform Rule 6(12)(b). The factual circumstances had remained unchanged for over a year, and the email from Old Mutual did not constitute a trigger event justifying urgent relief. The urgency was self-created, and the applicant could obtain substantial redress in due course. Furthermore, granting the relief sought would improperly usurp the functions of the duly nominated executor of the deceased estate. Accordingly, the application was struck off the roll for lack of urgency.

Citation
[2025] ZAMPMBHC 22
Parties
Applicant: Popy Elizabeth Ndlovu; Respondent: Old Mutual Limited; Respondent: Khabanina Jabulile Mazibane
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
27 March 2025
Case Number
1908/2022
Procedural Posture
Urgent Application / Application Struck Off for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency; costs awarded against applicant.
Judges
Shai
Legal Topics
Urgency in Motion Proceedings, Community of Property, Executor Powers, Nullity of Second Marriage
Civil Procedure Family and Children Urgency in Motion Proceedings Community of Property Executor Powers Nullity of Second Marriage

Case Brief

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Parties

Popy Elizabeth Ndlovu

Applicant

Old Mutual Limited

Respondent

Khabanina Jabulile Mazibane

Respondent

Procedural Posture

Urgent Application / Application Struck Off for Lack of Urgency

Legal Issues

  1. 1 Whether the application is urgent and should be heard on the urgent roll.
  2. 2 Whether the applicant is entitled to immediate payment of her share in terms of community of property and the deceased estate.

Ratio Decidendi

The court found that the applicant failed to demonstrate genuine urgency as required by Uniform Rule 6(12)(b). The factual circumstances had remained unchanged for over a year, and the email from Old Mutual did not constitute a trigger event justifying urgent relief. The urgency was self-created, and the applicant could obtain substantial redress in due course. Furthermore, granting the relief sought would improperly usurp the functions of the duly nominated executor of the deceased estate. Accordingly, the application was struck off the roll for lack of urgency.

Court Disposition

Application struck off the roll for lack of urgency; costs awarded against applicant.

Orders

  • The application is struck off the roll for lack of urgency.
  • Applicant is ordered to pay costs on a party and party scale B.