South Africa Case Law

Werner and Another v Barnard N.O and Others (8903/2021P)

Werner and Another v Barnard N.O and Others (8903/2021P) [2023] ZAKZPHC 33 (17 March 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8903/2021P

Judge

E Bezuidenhout

The court found that the first respondent, as executrix, was not contractually or statutorily obliged to obtain and deliver an occupancy certificate to the applicants prior to finalisation of the estate. Transfer of the property had already occurred, and the applicants had taken occupation and made substantial use of the property prior to transfer. The voetstoots clause in the sale agreement covered latent defects, including lack of statutory compliance, and the applicants failed to establish that the absence of an occupancy certificate rendered the possession unlawful or that the executrix c…

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• Vacant Possession
• Voetstoots Clause
• Occupancy Certificate
• Sale Of Immovable Property
• Executor Liability

Mothupi and Another v Master of the High Court, Mahikeng and Others (Leave to Appeal) (UM99/2020)

Mothupi and Another v Master of the High Court, Mahikeng and Others (Leave to Appeal) (UM99/2020) [2021] ZANWHC 43 (6 August 2021)

Court

North West High Court, Mafikeng

Case number

UM99/2020

Judge

T Djaje

The High Court refused leave to appeal against a punitive costs order, holding there were no reasonable prospects of success and that the executors’ conduct justified personal costs.

• Costs Orders
• Leave To Appeal
• Punitive Costs
• Executor Liability
• Costs-orders
• Leave-to-appeal

Du Toit v Coetze N.O and Others (22782 / 2016; 7590 / 2017)

Du Toit v Coetze N.O and Others (22782 / 2016; 7590 / 2017) [2021] ZAWCHC 31; 2022 (3) SA 449 (WCC) (22 February 2021)

Court

Western Cape High Court, Cape Town

Case number

22782 / 2016; 7590 / 2017

Judge

E D Wille

The High Court ordered transfer of immovable property to the plaintiff under a valid sale agreement and awarded punitive costs against the defendants.

• Specific Performance
• Alienation Of Land Act
• Deeds Registries Act
• Costs Award
• Executor Liability
• Specific-performance

Fritzsche v Booysen (14155/2014)

Fritzsche v Booysen (14155/2014) [2021] ZAWCHC 16 (5 February 2021)

Court

Western Cape High Court, Cape Town

Case number

14155/2014

Judge

Bozalek

High Court set aside a property proceeds agreement and power of attorney, finding the defendant unduly influenced the plaintiff and ordering repayment with interest.

• Undue Influence
• Rescission Of Contract
• Power Of Attorney
• Executor Liability
• Attorney And Client Costs
• Undue-influence

Jacobs v Wagenaar N.O (1654/2020)

Jacobs v Wagenaar N.O (1654/2020) [2020] ZAECPEHC 40 (20 October 2020)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1654/2020

Judge

Lindoor

Default judgment was granted confirming a universal partnership, dissolving it, and ordering the executor of the deceased estate to pay R505,000 plus interest and costs.

• Universal Partnership
• Dissolution Of Partnership
• Division Of Assets
• Executor Liability
• Immovable Property
• Default Judgment

Spruyt and Another v Gumbo N.O and Others ; Gumbo N.O v Spruyt and Another (71879/2017;68899/2018)

Spruyt and Another v Gumbo N.O and Others ; Gumbo N.O v Spruyt and Another (71879/2017;68899/2018) [2019] ZAGPPHC 579 (1 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

71879/2017;68899/2018

Judge

C J Van der Westhuizen

The High Court held that payments to Rand Mutual Assurance were lawful and dismissed the executor’s repayment and declaratory claims, while granting urgent interdictory relief and costs.

• Administration Of Estates Act
• Executor Liability
• Urgent Interdict
• Distribution Of Deceased Estate
• Attorney Client Relationship
• Administration-of-estates-act

Du Toit NO v Thomas NO and Others (635/15)

Du Toit NO v Thomas NO and Others (635/15) [2016] ZASCA 94 (1 June 2016)

Court

Supreme Court of Appeal

Case number

635/15

Judges

Ponnan, Majiedt, Mathopo, Fourie, Victor

The Supreme Court of Appeal held that the executor, having participated fully in the maintenance proceedings and not objected to jurisdiction at the hearing, was precluded from later challenging the maintenance court's jurisdiction. The court relied on established common law principles that a party who acquiesces and joins issue without raising jurisdictional objections is deemed to have waived such objections. The maintenance court had jurisdiction over the maintenance claim against the executor, and the executor's subsequent technical challenge was rejected. The executor's conduct was found…

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• Maintenance Of Minors
• Jurisdiction Of Maintenance Court
• Executor Liability
• Waiver Of Jurisdiction
• Costs De Bonis Propriis

SA Taxi Securitisation (Pty) Ltd v Netshidzivhe and Another (64614/2013)

SA Taxi Securitisation (Pty) Ltd v Netshidzivhe and Another (64614/2013) [2016] ZAGPPHC 265 (3 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

64614/2013

Judge

Brenner

The High Court granted rei vindicatio relief, ordering return of a Toyota Quantum to its owner after rejecting jurisdictional and payment-based defences.

• Rei Vindicatio
• Rectification Of Contract
• Jurisdiction Under Superior Courts Act
• Proof Of Payment
• Executor Liability
• Rei-vindicatio

B.J.D N.O v E.T N.O and Others (22649/2014)

B.J.D N.O v E.T N.O and Others (22649/2014) [2015] ZAWCHC 80; 2016 (4) SA 571 (WCC) (3 June 2015)

Court

Western Cape High Court, Cape Town

Case number

22649/2014

Judge

Donen

The court held that the Maintenance Act applies to executors of deceased estates and that the maintenance court has jurisdiction to make maintenance orders against an executor prior to the finalisation of the liquidation and distribution account. The executor is a 'person' legally liable to maintain a minor child for purposes of the Maintenance Act, and the child's right to maintenance arises from the family relationship, not inheritance. The Administration of Estates Act specifically empowers the executor, with the Master's consent, to release funds for the subsistence of the deceased's fami…

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• Maintenance Of Minors
• Executor Liability
• Administration Of Deceased Estates
• Jurisdiction Of Maintenance Court
• Constitutional Child Rights

Banjatwa v Maintenance Officer For The District Of Butterworth and Others (779/2014)

Banjatwa v Maintenance Officer For The District Of Butterworth and Others (779/2014) [2014] ZAECMHC 21; 2014 (6) SA 116 (ECM) (28 May 2014)

Court

Eastern Cape High Court, Mthatha

Case number

779/2014

Judge

Stretch

The court held that section 6 of the Maintenance Act does not apply to executors of deceased estates for purposes of compulsory investigation by the maintenance court. The executor is not a 'person legally liable' to maintain minor children within the meaning of the Maintenance Act; rather, the legal duty devolves upon the estate itself, and claims for maintenance must be pursued under the Administration of Estates Act. The maintenance officer acted lawfully in refusing to investigate the claim and properly advised the applicant to seek relief through the Master and the High Court. Even if th…

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• Maintenance Act
• Administration Of Estates Act
• Duty Of Support
• Executor Liability
• Best Interests Of Child