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South Africa decisions
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Peterson N.O. v Adonarozas Kitchen (024617/2022) [2023] ZAGPJHC 1071 (7 August 2023)
The High Court granted summary judgment for arrear rent, interest, ejectment, and attorney-and-client costs after rejecting the defendants’ claimed defences.
Van Wyk v Daberas Adventures CC (1431/2016) [2018] ZANCHC 31 (1 June 2018)
The court held that the appellant was properly authorised by all serving trustees to institute proceedings on behalf of the trust. The absence of Mr B C Van Wyk, who had ceased to be a trustee due to sequestration, did not invalidate the resolution, as unanimous decisions by all serving trustees were permissible under the trust deed. The delegation of the power to institute proceedings was valid, as it did not amount to an abdication of fundamental discretionary powers and was not prohibited by the trust deed. The failure to join all trustees as applicants was not fatal, as there was clear ev…
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Van Niekerk v Clarke and Another (14791/07) [2010] ZAWCHC 169 (31 August 2010)
The High Court held that a deed of cession signed by a non-trustee was invalid, so the plaintiff lacked locus standi and absolution from the instance was granted.
K O Investment Trust and Another v Appleton Securities (Pty) Ltd (59/256/03) [2007] ZAGPHC 28 (17 April 2007)
The High Court held that the trustees had locus standi to sue, finding the trust resolution and delegation to Dr Tayob valid under the trust deed.
Johannesburg Municipal Pension Fund and Another v NBC Employee Benefits and Another (74/01) [2001] ZAGPHC 2 (11 April 2001)
The High Court held that the pension fund board could revoke the administrator’s mandate and that non-compliance with statutory termination conditions invalidated the administration authority.
Hoosen NO and Others v Deedat and Others (336/97) [1999] ZASCA 49; [1999] 4 All SA 139 (A) (16 July 1999)
The Supreme Court of Appeal held that the Trust Deed does not expressly or impliedly authorise an individual trustee to delegate his powers and duties to a non-trustee. The Trust Deed requires collective action by trustees and only permits delegation of administrative functions by the trustees acting jointly. The personal attributes and judgment of trustees are central to the Trust's operation, especially given its religious and charitable objectives. The Power of Attorney granted by the third respondent to the first respondent sought to transfer discretionary powers and duties, which is lega…
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