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South Africa Case Law

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Civil Procedure [2023] ZAECQBHC 49

Harker and Another v MGM Family Trust (Number: TM50521/1) and Others (2994/2022)

Harker and Another v MGM Family Trust (Number: TM50521/1) and Others (2994/2022) [2023] ZAECQBHC 49 (5 September 2023)

Court
Eastern Cape High Court, Gqeberha
Case number
2994/2022
Judge
Ellis

The High Court held that an executor-attorney’s conduct in pursuing unmeritorious litigation justified a personal costs order de bonis propriis.

  • Costs De Bonis Propriis
  • Fiduciary Duties Of Executor
  • Improper Conduct
  • Attorney Ethics
  • De-bonis-propriis
  • Executor-fiduciary-duties
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Civil Procedure [2015] ZANWHC 23

Schabort N.O. v Botha and Others (1531/2014)

Schabort N.O. v Botha and Others (1531/2014) [2015] ZANWHC 23 (2 July 2015)

Court
North West High Court, Mafikeng
Case number
1531/2014
Judge
Kgoele

Summary judgment was refused because the executor’s claims arose before his appointment and the defendants raised bona fide defences requiring trial.

  • Summary Judgment
  • Administration Of Estates Act
  • Fiduciary Duties Of Executor
  • Unjustified Enrichment
  • Estate Liabilities
  • Summary-judgment
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.