N.M.D and Others v M.T.A N.O and Others (1536/2019) [2021] ZALMPTHC 3 (12 May 2021)

N.M.D and Others v M.T.A N.O and Others (1536/2019) [2021] ZALMPTHC 3 (12 May 2021)

The court found that the deceased estate was reported and registered in April 1998 and administered under section 23 of the Black Administration Act 38 of 1927. A settlement agreement regarding the distribution of the estate was made an order of court in 2006, and payments were made in terms of that order. The applicants' claim that the estate was never properly administered was rejected, as documentary evidence confirmed the finalisation of the estate. The court held that the estate does not fall under the Administration of Estates Act 66 of 1965, and the relief sought by the applicants is legally impermissible. The applicants' grievance relates to alleged maladministration, not the...

Citation
[2021] ZALMPTHC 3
Parties
Applicant: N M D[...]; Applicant: Matidza Kutama; Applicant: M[...] R P; Applicant: M[...] N O; Applicant: M[...] M C; Applicant: M[...] M E; Applicant: M[...] M; Respondent: M[...] T A N.O; Respondent: Estate Late D (M[…]); Respondent: Mudsielwane Josiah Mabirimisa Bus Services (Pty) Ltd; Respondent: M[...] N S; Respondent: D D[...]; Respondent: Matsheketsheke Munyadziwa Gloria; Respondent: Raphalalani Tshililo Salphina; Respondent: Ramushuwana Anna; Respondent: M[...] F; Respondent: Estate Officer Dzanani Magistrate Court N.O; Respondent: Magistrate Dzanani; Respondent: Minister of Justice and Constitutional Development N.O; Respondent: Master of the High Court of South Africa, Limpopo Local Division, Thohoyandou N.O; Respondent: Registrar of Companies
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
12 May 2021
Case Number
1536/2019
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Makgoba JP
Legal Topics
Administration of Deceased Estates, Customary Law Inheritance, Maladministration of Estate, Declaratory Relief, Black Administration Act, Administration of Estates Act
Civil Procedure Family and Children Land and Property Administration of Deceased Estates Customary Law Inheritance Maladministration of Estate Declaratory Relief Black Administration Act +1 more

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

N M D[...]

Applicant

Matidza Kutama

Applicant

M[...] R P

Applicant

M[...] N O

Applicant

M[...] M C

Applicant

M[...] M E

Applicant

M[...] M

Applicant

M[...] T A N.O

Respondent

Estate Late D (M[…])

Respondent

Mudsielwane Josiah Mabirimisa Bus Services (Pty) Ltd

Respondent

M[...] N S

Respondent

D D[...]

Respondent

Matsheketsheke Munyadziwa Gloria

Respondent

Raphalalani Tshililo Salphina

Respondent

Ramushuwana Anna

Respondent

M[...] F

Respondent

Estate Officer Dzanani Magistrate Court N.O

Respondent

Magistrate Dzanani

Respondent

Minister of Justice and Constitutional Development N.O

Respondent

Master of the High Court of South Africa, Limpopo Local Division, Thohoyandou N.O

Respondent

Registrar of Companies

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants are heirs in the deceased estate of M J D[...] registered with the Magistrate Dzanani.
  2. 2 Whether the deceased estate was wound up in accordance with the Black Administration Act 38 of 1927.
  3. 3 Whether the estate should be administered under the Administration of Estates Act 66 of 1965.

Ratio Decidendi

The court found that the deceased estate was reported and registered in April 1998 and administered under section 23 of the Black Administration Act 38 of 1927. A settlement agreement regarding the distribution of the estate was made an order of court in 2006, and payments were made in terms of that order. The applicants' claim that the estate was never properly administered was rejected, as documentary evidence confirmed the finalisation of the estate. The court held that the estate does not fall under the Administration of Estates Act 66 of 1965, and the relief sought by the applicants is legally impermissible. The applicants' grievance relates to alleged maladministration, not the...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There shall be no order as to costs.