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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 2066

Sasser (Jnr) and Others v Sasser (Snr) and Others (56520/2021)

Sasser (Jnr) and Others v Sasser (Snr) and Others (56520/2021) [2023] ZAGPPHC 2066 (10 March 2023)

Court
North Gauteng High Court, Pretoria
Case number
56520/2021
Judge
M M Rip

The High Court upheld an exception, finding the trust beneficiaries had not pleaded facts showing the trust could not act, so the Benningfield exception did not apply.

  • Trust Beneficiary Locus Standi
  • Benningfield Exception
  • Fiduciary Duty Of Trustee
  • Pleading Requirements
  • Representative Action
  • Trust-beneficiary-locus-standi
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Civil Procedure [2000] ZASCA 16

Jowell v Bramwell-Jones and Others (543/97)

Jowell v Bramwell-Jones and Others (543/97) [2000] ZASCA 16; 2000 (3) SA 274 (SCA); [2000] 2 All SA 161 (A) (28 March 2000)

Court
Supreme Court of Appeal
Case number
543/97
Judges
Vivier, Nienaber, Scott, Plewman, Farlam

The Supreme Court of Appeal held that a capital beneficiary’s delict claim was premature because any loss depended on future events after the life tenant’s death.

  • Pure Economic Loss
  • Fiduciary Duty Of Trustee
  • Premature Claim
  • Aquilian Action
  • Trust Property
  • Quantification Of Damages
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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.