Norman and Another v Trustees from time to time of the WM Trust and Others (6504/2018) [2019] ZALMPPHC 68 (12 December 2019)

Norman and Another v Trustees from time to time of the WM Trust and Others (6504/2018) [2019] ZALMPPHC 68 (12 December 2019)

The court found that the intervening party, despite being an unrehabilitated insolvent, has a direct and substantial interest in the subject matter of the litigation. This is evidenced by his role in the settlement agreement, his status as the only remaining trustee, and the fact that service of court papers was ordered to be effected on him. The court held that the intervening party should be admitted as the fifth respondent in his personal capacity, and that his answering affidavit filed as trustee should stand as his affidavit in his personal capacity. The court further allowed the intervening party to supplement his papers within 15 days and granted the applicants the opportunity to...

Citation
[2019] ZALMPPHC 68
Parties
Applicant: George Cornelia Norman; Applicant: Marlize Cornelia Norman; Applicant: WM Norman Elektries CC; Respondent: Trustees from time to time of the WM Trust IT 3648/94; Respondent: George Patrick Norman N.O; Respondent: Etienne Phillipus Scheepers N.O; Respondent: Stephanus Johannes Martinus De Beer N.O
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
12 December 2019
Case Number
6504/2018
Procedural Posture
Civil Application / Application for Intervention and Related Interlocutory Relief
Outcome
Application for intervention granted; intervening party admitted as fifth respondent; costs awarded against applicants.
Judges
MF Kganyago
Legal Topics
Intervention Application, Locus Standi, Sequestration, Trusteeship, Settlement Agreement
Civil Procedure Land and Property Intervention Application Locus Standi Sequestration Trusteeship Settlement Agreement

Case Brief

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Parties

George Cornelia Norman

Applicant

Marlize Cornelia Norman

Applicant

WM Norman Elektries CC

Applicant

Trustees from time to time of the WM Trust IT 3648/94

Respondent

George Patrick Norman N.O

Respondent

Etienne Phillipus Scheepers N.O

Respondent

Stephanus Johannes Martinus De Beer N.O

Respondent

Procedural Posture

Civil Application / Application for Intervention and Related Interlocutory Relief

Legal Issues

  1. 1 Whether the intervening party, as an unrehabilitated insolvent, has locus standi to intervene in the main application.
  2. 2 Whether the intervening party has a direct and substantial interest in the subject matter of the litigation.
  3. 3 Whether the answering affidavit filed by the intervening party in his capacity as trustee should stand as his affidavit in his personal capacity.

Ratio Decidendi

The court found that the intervening party, despite being an unrehabilitated insolvent, has a direct and substantial interest in the subject matter of the litigation. This is evidenced by his role in the settlement agreement, his status as the only remaining trustee, and the fact that service of court papers was ordered to be effected on him. The court held that the intervening party should be admitted as the fifth respondent in his personal capacity, and that his answering affidavit filed as trustee should stand as his affidavit in his personal capacity. The court further allowed the intervening party to supplement his papers within 15 days and granted the applicants the opportunity to...

Court Disposition

Application for intervention granted; intervening party admitted as fifth respondent; costs awarded against applicants.

Orders

  • The intervening party is admitted as the fifth respondent in this application.
  • The second respondent’s answering affidavit stands as the intervening party’s answering affidavit.