South Africa Case Law

Kgosi v Kgosi and Others

Kgosi v Kgosi and Others [2023] ZAGPPHC 336; 6134/2022 (23 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

6134/2022

Judge

K Strydom

The court found that the appointment of the first respondent as executrix was made on the erroneous assumption that she was the sole spouse of the deceased, when in fact the applicant's marriage was valid. The Master lacked statutory authority to remove the executrix on this basis, and the failure to act did not trigger a review under PAJA. The applicant's claim of locus standi was unfounded, as the Master has discretion to appoint any fit and proper person. There was no evidence of gross neglect or inefficiency by the first respondent, but the fairness of entrusting the applicant's share of…

Source excerpt

• Removal Of Executor
• Bigamous Marriage
• Administration Of Estates Act
• Putative Marriage
• Locus Standi
• Distribution Of Estate

Bobani v Benge and Others (428/2018)

Bobani v Benge and Others (428/2018) [2022] ZAECBHC 8 (14 April 2022)

Court

Eastern Cape High Court, Bhisho

Case number

428/2018

Judge

M.S. Jolwana

The High Court declared a purported 1986 marriage null and void because the deceased’s prior marriage had not been dissolved, and set aside the estate appointment.

• Bigamous Marriage
• Estate Administration
• Letters Of Authority
• Nullity Of Marriage
• Bigamous-marriage
• Nullity-of-marriage