Nedbank Limited v Steyn and Others (20085/2014) [2015] ZASCA 30; [2015] 2 All SA 671 (SCA); 2016 (2) SA 416 (SCA) (25 March 2015)

Nedbank Limited v Steyn and Others (20085/2014) [2015] ZASCA 30; [2015] 2 All SA 671 (SCA); 2016 (2) SA 416 (SCA) (25 March 2015)

The Supreme Court of Appeal held that the claims procedure set out in sections 29, 32, 33, and 35 of the Administration of Estates Act 66 of 1965 does not preclude a creditor from instituting action against the executor or executrix of a deceased estate for a debt owed by the deceased. The Act does not expressly or by necessary implication abolish the common law right to sue the estate. Previous case law interpreting both the current and predecessor statutes supports the continued existence of the common law remedy. The court rejected the argument that the statutory procedure is exclusive, noting that practical considerations such as delay and expense do not justify an implied repeal of...

Citation
[2015] ZASCA 30
Parties
Appellant: Nedbank Limited; Respondent: Aletta Petronella Susanna Steyn; Respondent: Antoinette Martin NO; Respondent: Vusimuzi Phineas Masenya NO; Respondent: Lucas Mlungisi Figlan NO; Respondent: Petrus Hendrik Muller; Respondent: Petrus Hendrik Muller NO; Respondent: Tshepo Bethuel Kgopa NO; Respondent: Lindiwe Princess Ntombela; Respondent: Norah Thonny Mathe NO
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 March 2015
Case Number
20085/2014
Procedural Posture
Civil Appeal / Appeal From the Gauteng Division of the High Court, Pretoria, Against Refusal of Default Judgment in Six Related Matters.
Outcome
Appeal upheld. Orders of the high court set aside. Default judgment granted in favour of Nedbank Limited in the Steyn matter. Other five matters remitted for reconsideration.
Judges
Brand, Lewis, Mbha, Meyer, Mayat
Legal Topics
Administration of Estates Act, Default Judgment, Mortgage Bond Enforcement, Claims Procedure, Common Law Right of Action
Civil Procedure Land and Property Administration of Estates Act Default Judgment Mortgage Bond Enforcement Claims Procedure Common Law Right of Action

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Parties

Nedbank Limited

Appellant

Aletta Petronella Susanna Steyn

Respondent

Antoinette Martin NO

Respondent

Vusimuzi Phineas Masenya NO

Respondent

Lucas Mlungisi Figlan NO

Respondent

Petrus Hendrik Muller

Respondent

Petrus Hendrik Muller NO

Respondent

Tshepo Bethuel Kgopa NO

Respondent

Lindiwe Princess Ntombela

Respondent

Norah Thonny Mathe NO

Respondent

Procedural Posture

Civil Appeal / Appeal From the Gauteng Division of the High Court, Pretoria, Against Refusal of Default Judgment in Six Related Matters.

Legal Issues

  1. 1 Whether the claims procedure under the Administration of Estates Act 66 of 1965 precludes a creditor from instituting action against the executor or executrix of a deceased estate for a debt owed by the deceased.
  2. 2 Whether the common law right to sue the estate remains available to creditors despite the statutory procedure.

Ratio Decidendi

The Supreme Court of Appeal held that the claims procedure set out in sections 29, 32, 33, and 35 of the Administration of Estates Act 66 of 1965 does not preclude a creditor from instituting action against the executor or executrix of a deceased estate for a debt owed by the deceased. The Act does not expressly or by necessary implication abolish the common law right to sue the estate. Previous case law interpreting both the current and predecessor statutes supports the continued existence of the common law remedy. The court rejected the argument that the statutory procedure is exclusive, noting that practical considerations such as delay and expense do not justify an implied repeal of...

Court Disposition

Appeal upheld. Orders of the high court set aside. Default judgment granted in favour of Nedbank Limited in the Steyn matter. Other five matters remitted for reconsideration.

Orders

  • The six appeals are upheld with no order as to costs.
  • The order of the court a quo in Nedbank Ltd v Aletta Petronella Susanna Steyn & another (case number 45338/2013) is set aside and replaced with default judgment in favour of the applicant/plaintiff against the first and second respondents/defendants, jointly and severally, the one paying the other to be absolved.