South Africa Case Law

Menziwa v Ndokwana and Others - Leave to Appeal (20872/2021)

Menziwa v Ndokwana and Others - Leave to Appeal (20872/2021) [2023] ZAWCHC 294 (22 November 2023)

Court

Western Cape High Court, Cape Town

Case number

20872/2021

Judge

LekhULENI

The court found that the applicant failed to provide a full and reasonable explanation for the delay in filing the application for leave to appeal. Her account was incomplete, unsupported by evidence, and did not cover the entire period of delay. The applicant and her attorneys were aware of the time limits but did not act with urgency. The court further held that the non-joinder of the Executor or Master of the High Court was fatal to the main application, as the second respondent was deceased when the application was instituted. The order sought by the applicant was legally incompetent. On…

Source excerpt

• Condonation
• Leave To Appeal
• Joinder Of Executor
• Matrimonial Property Act
• Bona Fide Purchaser
• Deeds Registry Act

N.N.M v N.P.N and Others (20872/2021)

N.N.M v N.P.N and Others (20872/2021) [2022] ZAWCHC 210 (28 October 2022)

Court

Western Cape High Court, Cape Town

Case number

20872/2021

Judge

Lekhuleni

High Court case on whether a customary-marriage spouse’s lack of consent made a property sale void, and whether the purchaser could rely on deemed consent.

• Customary Marriage
• Community Of Property
• Alienation Of Immovable Property
• Matrimonial Property Act
• Locus Standi
• Joinder Of Executor

ABSA Bank Ltd v Louw NO and Others (16801/12)

ABSA Bank Ltd v Louw NO and Others (16801/12) [2012] ZAWCHC 370 (6 December 2012)

Court

Western Cape High Court, Cape Town

Case number

16801/12

Judge

KM Savage

Summary judgment was granted only against the first defendant for mortgage arrears, while the order against the deceased second defendant and special execution were rescinded.

• Summary Judgment
• Mortgage Bond Enforcement
• Administration Of Estates Act
• Special Execution
• Joinder Of Executor
• Credit Agreement Default

Fritz v Fundsatwork Umbrella Pension Fund and Others (2323/2011)

Fritz v Fundsatwork Umbrella Pension Fund and Others (2323/2011) [2012] ZAECPEHC 57; 2013 (4) SA 492 (ECP) (28 August 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2323/2011

Judge

Goosen

The court found that the applicant's claim for a share in the deceased's pension interest was not sustainable. The applicant failed to obtain an order regarding pension interest at the time of divorce, and the joint estate had already been divided by agreement between the applicant and the deceased. Once the joint estate is divided, a court cannot grant an order deeming a pension interest to be part of the joint estate. The failure to join the executor of the deceased estate would also have been fatal to the application. The application was based on a misapprehension of the facts and the law,…

Source excerpt

• Division Of Joint Estate
• Pension Interest
• Declaratory Relief
• Divorce Act Section 7
• Joinder Of Executor