Parkies and Others v Parkies and Others (1650/07) [2010] ZAECMHC 3 (14 January 2010)

Parkies and Others v Parkies and Others (1650/07) [2010] ZAECMHC 3 (14 January 2010)

The court found that the applicants failed to establish locus standi to bring the application, as the estate of the late Kalasoana John William Parkies was never administered in terms of the Administration of Estates Act 66 of 1965, and no executor was appointed. The applicants did not allege or prove that they were declared heirs or that the estate vested in them. In South African law, only the executor has the authority to litigate on behalf of a deceased estate, and beneficiaries acquire only a hope (spes) of inheritance until the estate is administered and they are declared heirs. The applicants did not establish a clear or prima facie right to the land, nor did they provide...

Citation
[2010] ZAECMHC 3
Parties
Applicant: David Ntabi Parkies; Applicant: Mpheletso Parkies; Applicant: Phomolo Parkies; Applicant: Patricia Maluke (born Parkies); Applicant: Thabang Parkies; Applicant: Maleeto Mirriam Parkies; Respondent: Teboho Gratitude Parkies; Respondent: Pieter Jacobus Venter Smith; Respondent: Malherbe Snayman & Smith Attorneys; Respondent: Ingelethu Constructions; Respondent: Basfour 2894 (Pty) Ltd; Respondent: Diversified Properties (Pty) Ltd; Respondent: Senqu Local Municipality; Respondent: Registrar of Deeds: Mthatha; Respondent: Nokhaya Juliet Manyana; Respondent: Master of the High Court: Mthatha; Respondent: Nisan Victor Slater; Respondent: Dept of Land Affairs & Agriculture Eastern Cape
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
14 January 2010
Case Number
1650/07
Procedural Posture
Civil Application / Judgment on Application for Interdict and Declaratory Relief
Outcome
Application dismissed with costs on an attorney and client scale, jointly and severally.
Judges
Pakade
Legal Topics
Locus Standi, Administration of Estates Act, Interdict, Declaratory Relief
Land and Property Civil Procedure Locus Standi Administration of Estates Act Interdict Declaratory Relief

Case Brief

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Parties

David Ntabi Parkies

Applicant

Mpheletso Parkies

Applicant

Phomolo Parkies

Applicant

Patricia Maluke (born Parkies)

Applicant

Thabang Parkies

Applicant

Maleeto Mirriam Parkies

Applicant

Teboho Gratitude Parkies

Respondent

Pieter Jacobus Venter Smith

Respondent

Malherbe Snayman & Smith Attorneys

Respondent

Ingelethu Constructions

Respondent

Basfour 2894 (Pty) Ltd

Respondent

Diversified Properties (Pty) Ltd

Respondent

Senqu Local Municipality

Respondent

Registrar of Deeds: Mthatha

Respondent

Nokhaya Juliet Manyana

Respondent

Master of the High Court: Mthatha

Respondent

Nisan Victor Slater

Respondent

Dept of Land Affairs & Agriculture Eastern Cape

Respondent

Procedural Posture

Civil Application / Judgment on Application for Interdict and Declaratory Relief

Legal Issues

  1. 1 Whether the applicants have locus standi to bring proceedings for vindication of land allegedly forming part of the estate of the late Kalasoana John William Parkies.
  2. 2 Whether the applicants established a clear or prima facie right to the land in question.
  3. 3 Whether the estate was properly administered in terms of the Administration of Estates Act 66 of 1965.

Ratio Decidendi

The court found that the applicants failed to establish locus standi to bring the application, as the estate of the late Kalasoana John William Parkies was never administered in terms of the Administration of Estates Act 66 of 1965, and no executor was appointed. The applicants did not allege or prove that they were declared heirs or that the estate vested in them. In South African law, only the executor has the authority to litigate on behalf of a deceased estate, and beneficiaries acquire only a hope (spes) of inheritance until the estate is administered and they are declared heirs. The applicants did not establish a clear or prima facie right to the land, nor did they provide...

Court Disposition

Application dismissed with costs on an attorney and client scale, jointly and severally.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the application on an attorney and client scale, jointly and severally, the one paying the other to be absolved.