Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
GBS Old Mutual Bank v Trsotskie Consultants (Pty) Ltd and Another (117670/2023;11725/2023) [2023] ZAGPPHC 2018 (4 December 2023)
The High Court struck two urgent applications off the roll, finding no urgency, defective citation of the trust, and awarding attorney-and-client costs.
Van Dyk N.O. and Others v Minister of Public Works and Another (1967/20) [2022] ZANCHC 28 (20 May 2022)
The High Court allowed a proposed amendment to pleadings in a trust-related land access dispute, dismissing objections based on joinder, authority, and excipiability.
Nebotalo NO obo Nebotalo Family Trust v Prime Furniture Group (Pty) Ltd (41972/2019) [2020] ZAGPJHC 426 (27 November 2020)
The application for summary judgment was refused because the applicant failed to establish that he was duly authorised by the other trustees to institute and pursue the proceedings on behalf of the trust. The defence raised by the respondent is substantive and concerns the proper constitution of the trust as a litigant, not a mere technicality. The Court was not placed in a position to conclude that the applicant had the necessary authority, nor was there evidence that the trust deed permitted such delegation. The issue of standing and authority must be ventilated in the ordinary course, and…
Source excerpt
Van Wyk v Daberas Adventures CC (1431/2016) [2018] ZANCHC 31 (1 June 2018)
The court held that the appellant was properly authorised by all serving trustees to institute proceedings on behalf of the trust. The absence of Mr B C Van Wyk, who had ceased to be a trustee due to sequestration, did not invalidate the resolution, as unanimous decisions by all serving trustees were permissible under the trust deed. The delegation of the power to institute proceedings was valid, as it did not amount to an abdication of fundamental discretionary powers and was not prohibited by the trust deed. The failure to join all trustees as applicants was not fatal, as there was clear ev…
Source excerpt
Rupert Investments (Pty) Ltd v J.H. Petzer Inc and Others (36878/2013) [2015] ZAGPPHC 118 (13 February 2015)
The court dismissed an application to cancel mortgage bonds over two properties, finding the tendered guarantee defective and the amended relief incompetent.
Dales NO and Others v Herd (8598/11) [2013] ZAKZDHC 54 (5 September 2013)
High Court provisional sentence action dismissed because not all trustees of the plaintiff trust were joined and no proper authorisation was proved.
Nedbank Ltd v Senne and Others (2151/10) [2010] ZANWHC 41 (17 December 2010)
Summary judgment was granted against two defendants in a mortgage-bond claim, with interest, costs, and execution against the mortgaged property.
Explore more
