Vorster N.O v Buthelezi and Others (10754/2022P) [2024] ZAKZPHC 10 (16 February 2024)

Vorster N.O v Buthelezi and Others (10754/2022P) [2024] ZAKZPHC 10 (16 February 2024)

The court found that the grounds of appeal raised by the third and fourth respondents lacked merit. The alleged material disputes of fact were not supported by conflicting versions in the affidavits, and the respondents failed to pursue discovery or raise these disputes at the appropriate stage. The payments made by the trustees were not justified by the evidence provided and did not align with the trust deed's objectives. The respondents' arguments regarding the reasonableness of payments and individual circumstances were unsupported by detailed evidence. The court applied the statutory test for leave to appeal and concluded that there were no reasonable prospects of success or...

Citation
[2024] ZAKZPHC 10
Parties
Applicant: Benjamin Jacobus Vorster N.O; Respondent: Felix Khulekani Buthelezi; Respondent: Iphraim Mfuneni Zungu; Respondent: Nontobeko Precious Angela Buthelezi; Respondent: Nomusa Zethu Qunta; Respondent: Mabutho Miya N.O; Respondent: Cynthia Themba Khumalo N.O; Respondent: The Master of the Kwazulu-Natal High Court Pietermaritzburg
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
16 February 2024
Case Number
10754/2022P
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Suspending Trustees
Outcome
Application for leave to appeal dismissed with costs on attorney and client scale, payable jointly and severally by the third and fourth respondents.
Judges
E Bezuidenhout
Legal Topics
Leave to Appeal, Trustees Removal, Disputes of Fact, Oral Evidence Referral, Costs Order
Civil Procedure Land and Property Leave to Appeal Trustees Removal Disputes of Fact Oral Evidence Referral Costs Order

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Parties

Benjamin Jacobus Vorster N.O

Applicant

Felix Khulekani Buthelezi

Respondent

Iphraim Mfuneni Zungu

Respondent

Nontobeko Precious Angela Buthelezi

Respondent

Nomusa Zethu Qunta

Respondent

Mabutho Miya N.O

Respondent

Cynthia Themba Khumalo N.O

Respondent

The Master of the Kwazulu-Natal High Court Pietermaritzburg

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Suspending Trustees

Legal Issues

  1. 1 Whether the application for leave to appeal meets the threshold of reasonable prospects of success.
  2. 2 Whether material disputes of fact existed requiring referral to oral evidence.
  3. 3 Whether the payments made by trustees were in accordance with the trust deed and justified their removal.

Ratio Decidendi

The court found that the grounds of appeal raised by the third and fourth respondents lacked merit. The alleged material disputes of fact were not supported by conflicting versions in the affidavits, and the respondents failed to pursue discovery or raise these disputes at the appropriate stage. The payments made by the trustees were not justified by the evidence provided and did not align with the trust deed's objectives. The respondents' arguments regarding the reasonableness of payments and individual circumstances were unsupported by detailed evidence. The court applied the statutory test for leave to appeal and concluded that there were no reasonable prospects of success or...

Court Disposition

Application for leave to appeal dismissed with costs on attorney and client scale, payable jointly and severally by the third and fourth respondents.

Orders

  • The third and fourth respondents’ application for leave to appeal is dismissed with costs on the attorney and client scale, such costs to be paid jointly and severally, the one paying the other to be absolved.