Tung'ande and Others v Tung'ande and Others (67369/15) [2017] ZAGPPHC 49 (14 February 2017)

Tung'ande and Others v Tung'ande and Others (67369/15) [2017] ZAGPPHC 49 (14 February 2017)

The court found that the applicants had not established a conflict of interest sufficient to warrant removal of the executrix, as the alleged sale to the executrix's daughter had not been accepted and would require consent from the Master or heirs, which had not been obtained. The respondents had substantially complied with requests for information regarding creditors, and any further documentation could be obtained from the Master's office. The applicants had not exhausted available remedies before approaching the court, and there was no evidence of obstructive conduct or maladministration by the executrix. Accordingly, the application for removal and ancillary relief was dismissed.

Citation
[2017] ZAGPPHC 49
Parties
Applicant: TUNG'ANDE HR; Applicant: TUNG'ANDE E; Applicant: TUMG'ANDE J; Respondent: TUNG'ANDE B N; Respondent: JORDAAN J N.O.; Respondent: THE MASTER OF THE HIGH COURT
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 February 2017
Case Number
67369/15
Procedural Posture
Urgent Application / Opposed Motion for Removal of Executrix and Agent in Deceased Estate
Outcome
Application dismissed with costs on a party and party scale.
Judges
Hughes
Legal Topics
Removal of Executor, Conflict of Interest, Administration of Estates Act, Sale of Estate Property
Land and Property Civil Procedure Removal of Executor Conflict of Interest Administration of Estates Act Sale of Estate Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

TUNG'ANDE HR

Applicant

TUNG'ANDE E

Applicant

TUMG'ANDE J

Applicant

TUNG'ANDE B N

Respondent

JORDAAN J N.O.

Respondent

THE MASTER OF THE HIGH COURT

Respondent

Procedural Posture

Urgent Application / Opposed Motion for Removal of Executrix and Agent in Deceased Estate

Legal Issues

  1. 1 Whether the first respondent should be removed as executrix of the deceased estate due to alleged conflict of interest.
  2. 2 Whether the appointment of the second respondent as agent should be terminated.
  3. 3 Whether the applicants are entitled to disclosure of the executrix's estate and creditor claims.

Ratio Decidendi

The court found that the applicants had not established a conflict of interest sufficient to warrant removal of the executrix, as the alleged sale to the executrix's daughter had not been accepted and would require consent from the Master or heirs, which had not been obtained. The respondents had substantially complied with requests for information regarding creditors, and any further documentation could be obtained from the Master's office. The applicants had not exhausted available remedies before approaching the court, and there was no evidence of obstructive conduct or maladministration by the executrix. Accordingly, the application for removal and ancillary relief was dismissed.

Court Disposition

Application dismissed with costs on a party and party scale.

Orders

  • The application for removal of the executrix and ancillary relief is dismissed with costs.
  • Costs to be paid on a party and party scale.