Ngwenya and Others v Masango N.O. and Another (2022/10496) [2022] ZAGPJHC 254 (26 April 2022)

Ngwenya and Others v Masango N.O. and Another (2022/10496) [2022] ZAGPJHC 254 (26 April 2022)

The court found that the applicants had standing as interested parties in the estate and that the first respondent, as executrix, failed to lodge the required liquidation and distribution account within the statutory period and did not request an extension from the Master. Although some allegations of misconduct were rebutted, the first respondent did not answer the complaint regarding the vehicles registered in her name or the failure to lodge the account. The court was not satisfied that sufficient grounds existed for her removal as executrix, but found the applicants entitled to an order compelling the lodging of the liquidation and distribution account. Costs were awarded against the...

Citation
[2022] ZAGPJHC 254
Parties
Applicant: Ngwenya, Gabisile Eslinah; Applicant: Mathetsa, Sethutse; Applicant: Modipa, Thando; Respondent: Masango N.O., Nantuli Lucky; Respondent: Master of the High Court Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 April 2022
Case Number
2022/10496
Procedural Posture
Urgent Application / Application for Removal of Executrix and Alternative Relief
Outcome
Application for removal of executrix dismissed; alternative relief granted.
Judges
Bester
Legal Topics
Administration of Estates Act, Customary Marriage Recognition, Removal of Executor, Liquidation and Distribution Account
Civil Procedure Family and Children Administration of Estates Act Customary Marriage Recognition Removal of Executor Liquidation and Distribution Account

Case Brief

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Parties

Ngwenya, Gabisile Eslinah

Applicant

Mathetsa, Sethutse

Applicant

Modipa, Thando

Applicant

Masango N.O., Nantuli Lucky

Respondent

Master of the High Court Johannesburg

Respondent

Procedural Posture

Urgent Application / Application for Removal of Executrix and Alternative Relief

Legal Issues

  1. 1 Whether the first respondent should be removed as executrix of the deceased estate under section 54 of the Administration of Estates Act.
  2. 2 Whether the applicants have standing as interested parties in the estate.
  3. 3 Whether the first respondent failed to comply with statutory duties regarding estate administration, including lodging a liquidation and distribution account.

Ratio Decidendi

The court found that the applicants had standing as interested parties in the estate and that the first respondent, as executrix, failed to lodge the required liquidation and distribution account within the statutory period and did not request an extension from the Master. Although some allegations of misconduct were rebutted, the first respondent did not answer the complaint regarding the vehicles registered in her name or the failure to lodge the account. The court was not satisfied that sufficient grounds existed for her removal as executrix, but found the applicants entitled to an order compelling the lodging of the liquidation and distribution account. Costs were awarded against the...

Court Disposition

Application for removal of executrix dismissed; alternative relief granted.

Orders

  • The first respondent is directed to lodge a liquidation and distribution account for the estate of the late William Sello Tshabalala with the second respondent within 14 days of the date of this order.
  • The first respondent shall pay the applicants' costs of the application de bonis propriis.