Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Chetty v Pillay (AR373/2023) [2025] ZAKZPHC 64 (2 July 2025)
The High Court upheld an appeal, set aside a prescription ruling, and held that the estate-based prescription defence was not proved on the evidence.
Maseko obo Estate late Moerone v Road Accident Fund (42536/2021) [2025] ZAGPJHC 555 (29 April 2025)
The High Court awarded the deceased plaintiff’s estate R2,273.95 for past medical expenses and R300,000 for general damages, with adverse costs for delay.
Oosthuizen N.O v D.J.P.B and Others (20665/2021) [2023] ZAGPPHC 30 (24 January 2023)
The High Court held that a divorce settlement clause directing a pension to minor children upon death was an invalid pactum successorium and unenforceable against the estate.
M.M obo A.M v Member of the Executive Council for Health, Eastern Cape Province (530/2017) [2022] ZAECBHC 30 (5 October 2022)
The High Court dismissed a father’s personal and purported estate claims for general damages, finding the pleadings defective and the estate not properly before court.
Nortje v Road Accident Fund and Another (D11635/2015) [2022] ZAKZDHC 2; 2022 (4) SA 287 (KZD) (4 February 2022)
The court held that the plaintiff's claim for general damages is not transmissible to the estate because the action was instituted after the death of the deceased and litis contestatio had not been reached. The authorities relied upon, including Nkala, only allow for transmissibility where the action had commenced before death. The plaintiff failed to provide sufficient factual support for the development of the common law beyond the scope of Nkala. The court found that the constitutional challenge must fail, as the requirements for incremental development of the common law were not met. The…
Source excerpt
Pienaar and Another v Meester van die Vrystaat Hooggeregshof, Bloemfontein and Anders (365/2010) [2010] ZAFSHC 41 (22 April 2010)
The court held that the settlement agreement did not make future medical expenses recoverable from the deceased’s estate, and the executor must exclude the claim.
Explore more
