Rapoo v Modise and Others (2019/19990) [2025] ZAGPJHC 391 (22 April 2025)

Rapoo v Modise and Others (2019/19990) [2025] ZAGPJHC 391 (22 April 2025)

The applicant lacked locus standi to bring the application as executor of his late father's estate, as Nedgroup Trust had been appointed as executor prior to the institution of proceedings. His attempt to assert standing as executor of his late mother's estate was procedurally defective, as he did not seek substitution or serve the supplementary affidavit on Nedgroup Trust. The applicant was before the court in his personal capacity and could not represent the estates. The respondents' late answering affidavits were condoned in the interests of justice, as they revealed the applicant's lack of standing. The counter-application for occupational rental failed because the claim lay against...

Citation
[2025] ZAGPJHC 391
Parties
Applicant: Clifford Rabontsi Rapoo; Respondent: Thabo Modise; Respondent: Cassandra Nombulelo Modise; Respondent: Catharina Maria Cornelia van Dyk; Respondent: Nedgroup Trust; Respondent: FirstRand Bank Ltd; Respondent: J Van Zyl Beyers & Rautenbach; Respondent: The Registrar of Deeds, JHB; Respondent: Master of the High Court
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 April 2025
Case Number
2019/19990
Procedural Posture
Civil Application / Final Judgment
Outcome
Application dismissed with costs; counter-application dismissed with no order as to costs.
Judges
A Bester
Legal Topics
Locus Standi, Executor Authority, Property Transfer, Joinder of Parties
Civil Procedure Land and Property Locus Standi Executor Authority Property Transfer Joinder of Parties

Case Brief

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Parties

Clifford Rabontsi Rapoo

Applicant

Thabo Modise

Respondent

Cassandra Nombulelo Modise

Respondent

Catharina Maria Cornelia van Dyk

Respondent

Nedgroup Trust

Respondent

FirstRand Bank Ltd

Respondent

J Van Zyl Beyers & Rautenbach

Respondent

The Registrar of Deeds, JHB

Respondent

Master of the High Court

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Does the applicant have locus standi to bring the application as executor of the deceased estates.
  2. 2 Is the applicant entitled to seek cancellation of the deed of transfer for the property.
  3. 3 Should the respondents' late answering affidavits be condoned.

Ratio Decidendi

The applicant lacked locus standi to bring the application as executor of his late father's estate, as Nedgroup Trust had been appointed as executor prior to the institution of proceedings. His attempt to assert standing as executor of his late mother's estate was procedurally defective, as he did not seek substitution or serve the supplementary affidavit on Nedgroup Trust. The applicant was before the court in his personal capacity and could not represent the estates. The respondents' late answering affidavits were condoned in the interests of justice, as they revealed the applicant's lack of standing. The counter-application for occupational rental failed because the claim lay against...

Court Disposition

Application dismissed with costs; counter-application dismissed with no order as to costs.

Orders

  • The application is dismissed with costs.
  • The applicant, in his personal capacity, shall pay the costs of the application, with the cost of counsel to be paid on Scale B.