South Africa Case Law

Odendaal v Nomoredebt Trust and Others (63675/2018)

Odendaal v Nomoredebt Trust and Others (63675/2018) [2019] ZAGPPHC 36 (8 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

63675/2018

Judge

Stoop

The court held that while a trust is susceptible to sequestration as a debtor in the usual sense of the word, legal proceedings must cite the trustees in their representative capacities, not the trust itself. The applicant failed to correct the citation and did not seek relief against the trustees in their representative capacities. As a result, the applicant was not entitled to final relief, and the provisional sequestration order was discharged.

Source excerpt

• Sequestration Of Trust
• Citation Of Trustees
• Insolvency Act Interpretation

Standard Bank of South Africa Ltd v Trustees for the time being of Smuts Family Trust (21687/2010)

Standard Bank of South Africa Ltd v Trustees for the time being of Smuts Family Trust (21687/2010) [2010] ZAWCHC 623 (10 December 2010)

Court

Western Cape High Court, Cape Town

Case number

21687/2010

Judge

Saldanha

Unopposed summary judgment was granted to Standard Bank, with the court noting but not deciding a citation issue concerning trustees of a family trust.

• Summary Judgment
• Citation Of Trustees
• Trust Property Control Act
• Mortgage Bond Executability
• Summary-judgment
• Trust-citation