Stander v Daly and Others (M521/2022) [2024] ZANWHC 225 (6 September 2024)

Stander v Daly and Others (M521/2022) [2024] ZANWHC 225 (6 September 2024)

The court found that the applicant provided a satisfactory explanation for the late filing of her replying affidavit and granted condonation. The central issue was whether a universal partnership existed between the applicant and the deceased, which was disputed by the respondents. The court determined that the dispute of fact regarding the existence of a universal partnership could not be resolved on the papers and, in accordance with Rule 6(5)(g), referred the matter for oral evidence. This referral will allow for the determination of whether the applicant is entitled to maintenance and inheritance from the estate, as claimed.

Citation
[2024] ZANWHC 225
Parties
Applicant: Florina Johanna Stander; Respondent: Vernon Theodore Daly; Respondent: Andrew Dormehl Daly; Respondent: Sharon Lois Pyburn; Respondent: Philip Michael Pyburn; Respondent: William Richard Daly Jnr; Respondent: Denise Charles Kuhn; Respondent: Pinegrove Rentals and Leasing CC; Respondent: For the time being the Trustees of the Daly Property Trust (NR IT 26624/98); Respondent: Executor: Estate Late Richard William Daly; Respondent: The Master of the Northwest High Court, Mafikeng
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
6 September 2024
Case Number
M521/2022
Procedural Posture
Urgent Application / Referral for Oral Evidence to Determine Existence of Universal Partnership
Outcome
Application referred for oral evidence to determine the existence of a universal partnership between the deceased and the applicant.
Judges
J T Djaje
Legal Topics
Universal Partnership, Maintenance Claim, Inheritance Rights, Interim Interdict, Dispute of Fact, Condonation
Family and Children Civil Procedure Land and Property Universal Partnership Maintenance Claim Inheritance Rights Interim Interdict Dispute of Fact +1 more

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Parties

Florina Johanna Stander

Applicant

Vernon Theodore Daly

Respondent

Andrew Dormehl Daly

Respondent

Sharon Lois Pyburn

Respondent

Philip Michael Pyburn

Respondent

William Richard Daly Jnr

Respondent

Denise Charles Kuhn

Respondent

Pinegrove Rentals and Leasing CC

Respondent

For the time being the Trustees of the Daly Property Trust (NR IT 26624/98)

Respondent

Executor: Estate Late Richard William Daly

Respondent

The Master of the Northwest High Court, Mafikeng

Respondent

Procedural Posture

Urgent Application / Referral for Oral Evidence to Determine Existence of Universal Partnership

Legal Issues

  1. 1 Whether a universal partnership existed between the applicant and the deceased entitling her to maintenance and inheritance from the estate.
  2. 2 Whether the application should be dismissed due to disputes of fact or referred for oral evidence.
  3. 3 Whether condonation for late filing of the replying affidavit should be granted.

Ratio Decidendi

The court found that the applicant provided a satisfactory explanation for the late filing of her replying affidavit and granted condonation. The central issue was whether a universal partnership existed between the applicant and the deceased, which was disputed by the respondents. The court determined that the dispute of fact regarding the existence of a universal partnership could not be resolved on the papers and, in accordance with Rule 6(5)(g), referred the matter for oral evidence. This referral will allow for the determination of whether the applicant is entitled to maintenance and inheritance from the estate, as claimed.

Court Disposition

Application referred for oral evidence to determine the existence of a universal partnership between the deceased and the applicant.

Orders

  • The application is referred for oral evidence to determine the existence of a universal partnership between the deceased and the applicant on a date to be arranged with the office of the Registrar.
  • The parties shall subpoena all witnesses necessary for the determination of the existence of the universal partnership.