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South Africa decisions
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Marais NO v Zoo Net Trading CC t/a Durr Estates (ECJ 043/2005) [2005] ZAECHC 20 (25 May 2005)
The High Court set aside summary judgment, joined the correct trustees, granted leave to defend, and imposed punitive costs after finding abuse and false affidavits.
Land and Agricultural Development Bank of SA v Parker and Others (186/2003) [2004] ZASCA 56; [2004] 4 All SA 261 (SCA); 2005 (2) SA 77 (SCA) (23 September 2004)
The Supreme Court of Appeal held that the trust deed required a minimum of three trustees in office for the trust to be bound in transactions. When only two trustees were in office, the trust suffered from incapacity and could not be bound by their actions. After the appointment of the third trustee, the joint action or proper majority decision was required, but no such meeting or consultation occurred. The Parkers' conduct in purporting to bind the trust without proper authority constituted a breach of trust. The court further found that the trust was not validly represented in the appeal to…
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