South Africa Case Law

Mogase v Modiga and Another (69655/2023)

Mogase v Modiga and Another (69655/2023) [2025] ZAGPPHC 352 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

69655/2023

Judge

JF Grobler

The applicant failed to establish a clear or prima facie right to the interdictory relief sought. The deceased left a valid will, which was accepted by the Master and acted upon by the appointed executor, the first respondent. The applicant was not nominated as a beneficiary in the will, and his claim under the Intestate Succession Act cannot stand in the face of the valid will. Even if a customary union existed, any claim would be against the estate, not the respondents personally. The applicant's procedural non-compliance with court directives was noted but did not warrant striking the matt…

Source excerpt

• Customary Union
• Intestate Succession
• Interdictory Relief
• Administration Of Deceased Estates

Motsomani v Rivisi and Others (274/2017)

Motsomani v Rivisi and Others (274/2017) [2018] ZALMPPHC 8 (19 March 2018)

Court

Limpopo High Court, Polokwane

Case number

274/2017

Judge

KGANYAGO

The court held that the local headman need not be joined, but Greater Giyani Municipality had a direct and substantial interest and had to be joined before any substantive order.

• Joinder Of Parties
• Customary Union
• Right Of Residence
• Municipal Services
• Joinder-of-parties
• Non-joinder

Road Accident Fund v Phillips (4701/2006)

Road Accident Fund v Phillips (4701/2006) [2011] ZAFSHC 87 (23 June 2011)

Court

Free State High Court, Bloemfontein

Case number

4701/2006

Judge

H.M. Musi

The court dismissed the Road Accident Fund’s bid to rescind a default judgment, finding no adequate explanation for the default and no bona fide defence.

• Rescission Of Default Judgment
• Condonation
• Locus Standi
• Duty Of Support
• Customary Union
• Fraudulent Claim