Saaiman NO and Others v Saaiman NO and Others (53177/13) [2015] ZAGPPHC 955 (6 October 2015)

Saaiman NO and Others v Saaiman NO and Others (53177/13) [2015] ZAGPPHC 955 (6 October 2015)

The court found that the First Respondent had complied with the order by paying the required amount to the Second Respondent, who was the sole trustee at the relevant time and legally competent to receive the payment. The evidence, including a signed receipt and confirmatory affidavit, supported this. The Applicants...

Source-derived case information.

Citation
[2015] ZAGPPHC 955
Parties
Applicant: Magdalena Aletta Saaiman NO; Applicant: Magdalena Aletta Engelbrecht NO; Applicant: Herculus Phillippus Saaiman NO; Applicant: Susanna Johanna Birkholtz NO; Applicant: Nicolaas Jacobus Saaiman NO; Applicant: Madalena Aletta Saaiman; Respondent: Anette Elizabeth Saaiman; Respondent: Petrus Jakobus van Schalkwyk NO; Respondent: Anette Elizabeth Saaiman NO; Respondent: Master of the High Court, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 October 2015
Case Number
53177/13
Procedural Posture
Civil Application / Final Judgment
Outcome
Application dismissed. Costs awarded against the Applicants.
Judges
Louw AJ
Legal Topics
Contempt of Court, Trustee Removal, Trust Property Control Act, Joinder of Parties, Costs Order
Civil Procedure Land and Property Contempt of Court Trustee Removal Trust Property Control Act Joinder of Parties Costs Order

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Parties

Magdalena Aletta Saaiman NO

Applicant

Magdalena Aletta Engelbrecht NO

Applicant

Herculus Phillippus Saaiman NO

Applicant

Susanna Johanna Birkholtz NO

Applicant

Nicolaas Jacobus Saaiman NO

Applicant

Madalena Aletta Saaiman

Applicant

Anette Elizabeth Saaiman

Respondent

Petrus Jakobus van Schalkwyk NO

Respondent

Anette Elizabeth Saaiman NO

Respondent

Master of the High Court, Pretoria

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the First Respondent is in contempt of court for failing to pay the amount ordered to the Saaiman Trust.
  2. 2 Whether the Second Respondent should be removed as trustee of the Saaiman Trust.
  3. 3 Whether the Applicants are entitled to the relief sought, including interdicts and costs.

Ratio Decidendi

The court found that the First Respondent had complied with the order by paying the required amount to the Second Respondent, who was the sole trustee at the relevant time and legally competent to receive the payment. The evidence, including a signed receipt and confirmatory affidavit, supported this. The Applicants failed to prove non-compliance beyond reasonable doubt, as required for contempt of court. Disputes of fact were resolved on the Respondents' version, which was not shown to be untenable. The appointment of additional trustees was regular and non-joinder was rectified. The Sixth Applicant had locus standi as a beneficiary. There was no basis for a stay of proceedings or for...

Court Disposition

Application dismissed. Costs awarded against the Applicants.

Orders

  • The application is dismissed.
  • The First, Second, Third, Fourth, Fifth and Sixth Applicants are ordered to pay the costs of the application.