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South Africa decisions
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Monareng N.O v Ntuli and Others (2024/063283) [2025] ZAGPJHC 546 (4 June 2025)
The High Court dismissed an urgent application to set aside the respondents’ appointment as members of a close corporation, finding no fraud, no invalidity, and no urgency.
M.K N.O v J.H.P.T and Others (2023/030065) [2025] ZAGPPHC 555 (28 May 2025)
Executor’s application to terminate co-ownership and sell estate property dismissed for failure to notify the Registrar under section 97 and for bypassing the Master under section 47.
Ndlovu v Old Mutual Limited and Another (1908/2022) [2025] ZAMPMBHC 22 (27 March 2025)
The High Court struck an urgent application off the roll, finding that the applicant had not shown real urgency and could obtain redress in due course.
Tolhof General Dealer (Pty) Ltd v Coalition Trading 790 (Pty) Ltd (4906/2024) [2025] ZAWCHC 45 (12 February 2025)
The court upheld a Rule 7 objection, struck out new matter in reply, and held that the applicant lacked authority to litigate after its sole shareholder-director died.
Mankge v Stuart N.O and Another (3874/2023) [2024] ZAMPMHC 69 (25 November 2024)
The High Court dismissed an interdict application by a surviving spouse seeking to stop an executor from selling estate property, holding the executor’s statutory powers prevailed.
Ncamiso N.O (16488/2024), Ex parte [2024] ZAWCHC 304 (10 October 2024)
The High Court held that an executor’s application for a search warrant under section 26 of the Administration of Estates Act had to be brought in the magistrate’s court.
Nkobane v Master of the High Court, Pretoria and Others (62377/2021) [2024] ZAGPPHC 717 (18 July 2024)
The High Court held that the 2018 will was the deceased’s last valid will and directed the estate to be administered under it, with costs against the estate.
Madelung and Another v Master of the High Court, Cape Town and Others (3430/2022) [2023] ZAWCHC 282 (10 November 2023)
The application for declaratory relief was dismissed as moot because the Final Account superseded the Disputed Account and the objections would be considered afresh by the Master. The High Court does not have discretion to decide moot matters, as established by binding precedent. Regarding costs, the executor was ordered to pay the costs of the main application because the Final Account was only filed shortly before the hearing without explanation, and the grounds for opposing the main application were weak. The applicants were ordered to pay the costs of the counter-application because their…
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L.B and Another v Kennedy N.O. and Others (22013/2015) [2023] ZAWCHC 275 (10 November 2023)
The court found that both grounds of the special plea of prescription were hit by res judicata, as previous judgments had already determined the plaintiff's status as a surviving spouse and the executor's lack of power to refuse her claim. The court held that a maintenance claim under the MSSA is not a debt for purposes of the Prescription Act and is not subject to prescription. The claim is contingent on declaratory relief and is ongoing in nature, only becoming due when the estate becomes distributable. The executor's refusal to entertain the claim was unlawful, and service of summons was e…
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Louw N.O and Others v Louw and Others (18214/2019) [2023] ZAWCHC 246 (22 September 2023)
The court ordered the sale of deceased estate property on the open market and compelled heirs to give access and cooperate with the executor.
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