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Mokgoro and Others v Master of the High Court, Kimberley and Others (09/2025) [2025] ZANCHC 60 (1 August 2025)
The High Court held that a will emailed with electronic signatures could be accepted under section 2(3) of the Wills Act because the deceased’s intention was clear.
Mnisi and Another v Luthuli and Others (2024/016199) [2025] ZAGPJHC 554 (30 May 2025)
The High Court dismissed an application to rescind an order registering a customary marriage, finding no error in the prior order and no basis for further relief.
Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025)
The court found that the applicant established a prima facie right to the relief sought, based on evidence of a customary marriage and joint estate, including proof of lobola negotiations and cohabitation. The risk of irreparable harm through dissipation of estate assets was real and imminent. The balance of convenience favoured the applicant, who stood to suffer greater prejudice if the interdict was not granted, while the respondents would not be unduly prejudiced by a temporary suspension of estate administration. The applicant had no alternative remedy. The respondents' administration of…
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Van Eeden v Oosthuizen and Others (2025-012995) [2025] ZAWCHC 146 (28 March 2025)
The High Court dismissed an urgent spoliation application for property keys, holding that the applicant was not in occupation and spoliation protects possession, not mere access.
M.S.N (8637/2023P), Ex parte [2025] ZAKZPHC 38 (27 March 2025)
The court found that the patient suffers from major depressive disorder with psychomotor retardation, has been hospitalised twelve times for depressive episodes, and attempted suicide five times. Medical evidence from Dr Meyer and Ms Styles demonstrates compromised conative function, rendering the patient incapable of managing her own affairs. The court held that, although the initial application did not strictly comply with Rule 57(3), the requirements were properly dispensed with by the initial judge due to special circumstances. The curatrix ad litem's report and supporting affidavits subs…
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Masinga and Others v Selematsela and Others (13796/2020) [2024] ZAGPPHC 1130 (14 November 2024)
The High Court condoned the late delivery of a declaration in a property dispute involving alleged fraud, but postponed relief against the Master of the High Court.
Mukoyi v Charova N.O and Others (4969/2021) [2024] ZALMPPHC 159 (29 October 2024)
The court found that it had jurisdiction to determine the validity of the applicant's Zimbabwean customary marriage for purposes of estate administration in South Africa. The applicant's oral evidence regarding the customary marriage was uncontested and credible. Zimbabwean law, specifically section 68(3) of the Administration of Estates Act, recognizes customary marriages for estate purposes even if not solemnized. There is no statutory age bar for customary marriages in Zimbabwe, and the applicant's age at marriage did not invalidate the union. The second respondent's civil marriage certifi…
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Ngalo v Road Accident Fund (2004/1897) [2024] ZAGPJHC 867 (5 September 2024)
The High Court awarded R800,000 in general damages for a severe brain injury in a Road Accident Fund claim, payable after executorship is regularised.
Mavuso v Master of the High Court and Another (4178/2023) [2024] ZAMPMHC 41 (13 August 2024)
The court found that the Will dated 16 February 2016 was executed by the deceased, as confirmed by affidavits from two witnesses. The absence of commissioner of oaths certification, required under section 2(1)(a)(v) of the Wills Act, was acknowledged, but the court held that section 2(3) allows condonation of such noncompliance if the document was intended to be the testator's Will. The court examined the contents and context of the Will and concluded that it reflected the deceased's intention to bequeath his estate to his grandson. The objections raised by the Second Respondent regarding the…
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Lourens v Mathie and Others (A11/2024) [2024] ZAGPPHC 1389 (8 August 2024)
The High Court held that the appellant showed a bona fide defence to a summary judgment claim over deceased funds transferred under an alleged oral agreement.
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