South Africa Case Law

Motloi v Morolongo N.O and Others (2023/072243)

Motloi v Morolongo N.O and Others (2023/072243) [2025] ZAGPJHC 432 (22 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/072243

Judge

Crutchfield

The South Gauteng High Court does not have jurisdiction over the executor, the Master of the High Court, or the Registrar of Deeds in Bloemfontein, nor over the second to ninth respondents due to improper service. The applicant was made aware of the jurisdictional defect by the first respondent's answering affidavit but failed to withdraw the application, resulting in unnecessary costs. The application is therefore struck from the roll for lack of jurisdiction, and the applicant is ordered to pay the first respondent's costs on a party and party scale (scale C).

Source excerpt

• Jurisdiction
• Deceased Estate
• Costs Order
• Striking From Roll

Adoro v Monchusi (A19/2021)

Adoro v Monchusi (A19/2021) [2021] ZAFSHC 188 (23 August 2021)

Court

Free State High Court, Bloemfontein

Case number

A19/2021

Judges

Page, Reinders

The High Court held that an executrix must act in a representative capacity, not personally, when bringing eviction proceedings on behalf of a deceased estate.

• Locus Standi
• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Deceased Estate
• Executor Authority
• Locus-standi

Jordaan NO v Tung'Ande and Others (77334/2014)

Jordaan NO v Tung'Ande and Others (77334/2014) [2017] ZAGPPHC 165 (14 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

77334/2014

Judge

Hughes

The High Court refused condonation for a late application to set aside an eviction-related default judgment, finding no reasonable explanation for the default or prospects of success.

• Condonation
• Eviction Proceedings
• Unlawful Occupation
• Deceased Estate
• Default Judgment
• Default-judgment