U v U and Others (15/98694) [2017] ZAGPPHC 678 (29 September 2017)

U v U and Others (15/98694) [2017] ZAGPPHC 678 (29 September 2017)

The court held that the joinder of the trust, its trustees, and E. T. (Pty) Ltd as defendants in the divorce proceedings is appropriate, as the trust assets may be relevant to the accrual calculation. Technical objections regarding non-joinder of the Master, beneficiaries, and usufructuary do not render the application defective, as these parties have been served and invited to intervene, and their rights are not prejudiced. The trust is sufficiently represented by its trustees, and the beneficiaries' locus standi arises only in cases of maladministration, which is not alleged here. The amendment to the particulars of claim is not vague or embarrassing, as it has been clarified in...

Citation
[2017] ZAGPPHC 678
Parties
Applicant: U. J. E. (BORN R.); Respondent: I. J. U.; Respondent: E. K. T. I.; Respondent: J. U. NO; Respondent: J. J. E. NO; Respondent: E. T. (PTY) LIMITED
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 September 2017
Case Number
15/98694
Procedural Posture
Joinder Application / Opposed Motion
Outcome
Application granted; trust, trustees, beneficiaries, and usufructuary joined as defendants; costs awarded to applicant.
Judges
A Makume
Legal Topics
Joinder of Parties, Accrual System, Trust Assets in Divorce, Matrimonial Property Act, Non Joinder, Amendment of Particulars
Family and Children Civil Procedure Joinder of Parties Accrual System Trust Assets in Divorce Matrimonial Property Act Non Joinder Amendment of Particulars

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Parties

U. J. E. (BORN R.)

Applicant

I. J. U.

Respondent

E. K. T. I.

Respondent

J. U. NO

Respondent

J. J. E. NO

Respondent

E. T. (PTY) LIMITED

Respondent

Procedural Posture

Joinder Application / Opposed Motion

Legal Issues

  1. 1 Whether the trust and its trustees should be joined as defendants in the divorce proceedings.
  2. 2 Whether the assets of the trust should be considered part of the first respondent's estate for accrual calculation.
  3. 3 Whether failure to join beneficiaries and usufructuary renders the application defective.

Ratio Decidendi

The court held that the joinder of the trust, its trustees, and E. T. (Pty) Ltd as defendants in the divorce proceedings is appropriate, as the trust assets may be relevant to the accrual calculation. Technical objections regarding non-joinder of the Master, beneficiaries, and usufructuary do not render the application defective, as these parties have been served and invited to intervene, and their rights are not prejudiced. The trust is sufficiently represented by its trustees, and the beneficiaries' locus standi arises only in cases of maladministration, which is not alleged here. The amendment to the particulars of claim is not vague or embarrassing, as it has been clarified in...

Court Disposition

Application granted; trust, trustees, beneficiaries, and usufructuary joined as defendants; costs awarded to applicant.

Orders

  • The Trust (E. K. T.), its trustees (I. J. U.N.O.; Abraham Janse Van Den Berg N.O.; C. J. U., J. J. E. and E. S. U.) are joined as Second to Eighth Defendants in the divorce proceedings.
  • The applicant shall serve all pleadings in the divorce proceedings on the second to eighth defendants within 10 days of this order.