Coetzee v Bosman (A66/2024 ; A67/2024)
Coetzee v Bosman (A66/2024 ; A67/2024) [2024] ZAWCHC 232 (2 September 2024)
The Magistrate erred in finding that the court lacked jurisdiction to entertain common law claims against a deceased estate. The Administration of Estates Act does not oust the right of creditors to pursue such claims in court. The statutory scheme provides a process for liquidation of estates but does not preclude judicial enforcement of claims. The appeals are upheld, condonation for delay is granted, and the default judgment application in case 239/2021 is remitted for determination on the merits before a different Magistrate.
Source excerpt
- Magistrates Court Jurisdiction
- Administration Of Deceased Estates
- Condonation Of Delay
- Default Judgment
- Common Law Claims Against Estate