Sasser (Jnr) and Others v Sasser (Snr) and Others (56520/2021) [2023] ZAGPPHC 2066 (10 March 2023)

Sasser (Jnr) and Others v Sasser (Snr) and Others (56520/2021) [2023] ZAGPPHC 2066 (10 March 2023)

The court held that the plaintiffs, as beneficiaries of the Sasser Family Trust, failed to plead facts that would place them within the Benningfield Exception. The trust deed allows decisions to be made by a majority of trustees, so the trust is capable of acting without requiring a trustee to sue himself. There is no allegation that the trust cannot act or that the trustees are unable or unwilling to institute proceedings. Therefore, the plaintiffs do not have locus standi to bring a representative action on behalf of the trust. The exception is upheld, and the plaintiffs are granted leave to amend their particulars of claim within twenty days.

Citation
[2023] ZAGPPHC 2066
Parties
Plaintiff: Justus Henry-Carl Sasser (Jnr); Plaintiff: Petrus Johannes Sasser; Plaintiff: Ester Sasser; Plaintiff: Justus Henry-Carl Sasser; Plaintiff: Ana'belle Sasser; Defendant: Justus Henry-Carl Sasser (Snr); Defendant: Eagles Nest Estate Erf 2(1) CC; Defendant: Justus Henry-Carl Sasser (Jnr) N.O.; Defendant: Pieter Hendrik Strydom N.O.; Defendant: Justus Henry-Carl Sasser (Snr) N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 March 2023
Case Number
56520/2021
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld. Plaintiffs granted leave to amend particulars of claim within twenty days. Plaintiffs ordered to pay costs of the exception on an opposed scale.
Judges
M M Rip
Legal Topics
Trust Beneficiary Locus Standi, Benningfield Exception, Fiduciary Duty of Trustee, Pleading Requirements, Representative Action
Civil Procedure Land and Property Trust Beneficiary Locus Standi Benningfield Exception Fiduciary Duty of Trustee Pleading Requirements Representative Action

Case Brief

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Parties

Justus Henry-Carl Sasser (Jnr)

Plaintiff

Petrus Johannes Sasser

Plaintiff

Ester Sasser

Plaintiff

Justus Henry-Carl Sasser

Plaintiff

Ana'belle Sasser

Plaintiff

Justus Henry-Carl Sasser (Snr)

Defendant

Eagles Nest Estate Erf 2(1) CC

Defendant

Justus Henry-Carl Sasser (Jnr) N.O.

Defendant

Pieter Hendrik Strydom N.O.

Defendant

Justus Henry-Carl Sasser (Snr) N.O.

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs, as beneficiaries of the trust, have locus standi to institute a representative action on behalf of the trust.
  2. 2 Whether the Benningfield Exception applies to permit beneficiaries to sue where trustees would have to act against themselves.
  3. 3 Whether the particulars of claim disclose facts placing the plaintiffs within the Benningfield Exception.

Ratio Decidendi

The court held that the plaintiffs, as beneficiaries of the Sasser Family Trust, failed to plead facts that would place them within the Benningfield Exception. The trust deed allows decisions to be made by a majority of trustees, so the trust is capable of acting without requiring a trustee to sue himself. There is no allegation that the trust cannot act or that the trustees are unable or unwilling to institute proceedings. Therefore, the plaintiffs do not have locus standi to bring a representative action on behalf of the trust. The exception is upheld, and the plaintiffs are granted leave to amend their particulars of claim within twenty days.

Court Disposition

Exception upheld. Plaintiffs granted leave to amend particulars of claim within twenty days. Plaintiffs ordered to pay costs of the exception on an opposed scale.

Orders

  • The exception of the First and Fifth Defendants is upheld.
  • The plaintiffs are afforded twenty (20) days within which to amend the particulars of claim.