Ntsukunyane and Another v Moleko and Others (16595/2013) [2013] ZAGPJHC 170 (11 June 2013)

Ntsukunyane and Another v Moleko and Others (16595/2013) [2013] ZAGPJHC 170 (11 June 2013)

The court found that the second applicant produced a valid marriage certificate evidencing a civil marriage with the deceased, which is prima facie proof of a valid marriage. The alleged customary marriages of the first and second respondents were not registered as required by law and, in any event, could not be valid during the subsistence of a civil marriage. The transfers of vehicle ownership and taxi permits into the names of the respondents after the deceased's death were effected without lawful authority and are invalid. The urgency of the matter was justified due to the risk of dissipation of estate assets. The second applicant, as the duly appointed executrix, is entitled to...

Citation
[2013] ZAGPJHC 170
Parties
Applicant: Ntsukunyane Rosemary Palesa N.O.; Applicant: Ntsukunyane Rosemary Palesa; Respondent: Nini Maema Moleko; Respondent: Millicent Gugu Mgomezulu; Respondent: Thabo Paulos Mosia; Respondent: The Master of the High Court, South Gauteng; Respondent: Department of Transport: Transport
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 June 2013
Case Number
16595/2013
Procedural Posture
Urgent Application / Judgment on Urgent Application and Counter Application
Outcome
Application granted; counter-application dismissed with costs.
Judges
N F Kgomo
Legal Topics
Letters of Executorship, Customary Marriage Recognition, Estate Administration, Transfer of Vehicle Ownership, Taxi Permit Transfer, Validity of Marriage Certificate
Civil Procedure Family and Children Land and Property Letters of Executorship Customary Marriage Recognition Estate Administration Transfer of Vehicle Ownership Taxi Permit Transfer +1 more

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Parties

Ntsukunyane Rosemary Palesa N.O.

Applicant

Ntsukunyane Rosemary Palesa

Applicant

Nini Maema Moleko

Respondent

Millicent Gugu Mgomezulu

Respondent

Thabo Paulos Mosia

Respondent

The Master of the High Court, South Gauteng

Respondent

Department of Transport: Transport

Respondent

Procedural Posture

Urgent Application / Judgment on Urgent Application and Counter Application

Legal Issues

  1. 1 Whether the second applicant is the validly appointed executrix of the deceased estate.
  2. 2 Whether the civil marriage between the second applicant and the deceased is valid and subsisting.
  3. 3 Whether the alleged customary marriages of the first and second respondents with the deceased are valid.

Ratio Decidendi

The court found that the second applicant produced a valid marriage certificate evidencing a civil marriage with the deceased, which is prima facie proof of a valid marriage. The alleged customary marriages of the first and second respondents were not registered as required by law and, in any event, could not be valid during the subsistence of a civil marriage. The transfers of vehicle ownership and taxi permits into the names of the respondents after the deceased's death were effected without lawful authority and are invalid. The urgency of the matter was justified due to the risk of dissipation of estate assets. The second applicant, as the duly appointed executrix, is entitled to...

Court Disposition

Application granted; counter-application dismissed with costs.

Orders

  • The second applicant is declared the duly appointed executrix of the estate of the late Nchoba Azakiel Moleko (Estate No. 6234/2013).
  • The second applicant is authorised to collect and take possession of all assets of the deceased, including specified vehicles and taxi licences.