South Africa Case Law

Mukoyi v Charova N.O and Others (4969/2021)

Mukoyi v Charova N.O and Others (4969/2021) [2024] ZALMPPHC 159 (29 October 2024)

Court

Limpopo High Court, Polokwane

Case number

4969/2021

Judge

Monene

The court found that it had jurisdiction to determine the validity of the applicant's Zimbabwean customary marriage for purposes of estate administration in South Africa. The applicant's oral evidence regarding the customary marriage was uncontested and credible. Zimbabwean law, specifically section 68(3) of the Administration of Estates Act, recognizes customary marriages for estate purposes even if not solemnized. There is no statutory age bar for customary marriages in Zimbabwe, and the applicant's age at marriage did not invalidate the union. The second respondent's civil marriage certifi…

Source excerpt

• Customary Marriage
• Administration Of Estates
• Conflict Of Laws
• Recognition Of Foreign Marriage
• Executorship
• Putative Marriage

Mkhonta v Minister of Home Affairs and Others (539/2023)

Mkhonta v Minister of Home Affairs and Others (539/2023) [2023] ZAMPMBHC 48 (11 August 2023)

Court

Mbombela High Court, Mpumalanga

Case number

539/2023

Judge

Z Gumede

The court dismissed a claim to declare a Swazi customary marriage valid, but ordered the Master to issue a letter of executorship to the applicant or her nominee.

• Recognition Of Customary Marriage
• Letter Of Executorship
• Motion Proceedings
• Swazi Customary Law
• Customary-marriage
• Executorship

Lebudi v Lebudi and Others (26743/09)

Lebudi v Lebudi and Others (26743/09) [2014] ZAGPPHC 54 (4 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

26743/09

Judge

De Klerk AJ

The High Court dismissed an application to declare the applicant the sole lawful executrix and to validate her sale of estate property.

• Administration Of Estates Act
• Letters Of Authority
• Intestate Succession
• Appointment Of Executor
• Administration-of-estates-act
• Intestate-succession