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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 1065

Joffe and Others v Farley NO and Others (Erratum) (083964/2023)

Joffe and Others v Farley NO and Others (Erratum) (083964/2023) [2024] ZAGPPHC 1065 (23 October 2024)

The High Court corrected a patent error in its prior trust-related order, replacing the fourth respondent with the Master of the High Court for cancelling and issuing letters of authority.

  • Trustees Removal
  • Rectification Of Order
  • Letters Of Authority
  • Trustees-removal
  • Rectification-of-order
  • Letters-of-authority
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Administrative Law [2023] ZAFSHC 363

Modupe v Master of the High Court, Free State Province Bloemfontein and Others (1602/2022)

Modupe v Master of the High Court, Free State Province Bloemfontein and Others (1602/2022) [2023] ZAFSHC 363 (21 September 2023)

The High Court dismissed a delayed PAJA review seeking to set aside the Master’s removal of a trustee and to reinstate him, finding no adequate explanation for the four-year delay.

  • Trustee Removal
  • Condonation Of Delay
  • Promotion Of Administrative Justice Act
  • Audi Alteram Partem
  • Letters Of Authority
  • Paja-review
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Civil Procedure [2023] ZAECMHC 13

Njokweni v Qina and Others (3839/2022)

Njokweni v Qina and Others (3839/2022) [2023] ZAECMHC 13 (23 March 2023)

The court dismissed an urgent application for an interim interdict pending a rescission challenge, finding the urgency self-created and the interdict requirements unmet.

  • Interim Interdict
  • Administration Of Estates Act
  • Letters Of Authority
  • Rescission Of Order
  • Urgency
  • Will And Testament
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Land And Property [2022] ZAGPJHC 481

Phanyane N.O. v Phanyane and Others (20/44545)

Phanyane N.O. v Phanyane and Others (20/44545) [2022] ZAGPJHC 481 (11 July 2022)

The High Court held that a later-produced will was valid on its face, the Master lawfully withdrew the respondent’s authority, and the disputed title deed had to be cancelled.

  • Estate Administration
  • Letters Of Authority
  • Will Validity
  • Deeds Registries Act
  • Removal Of Executor
  • Administrative Justice
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Administrative Law [2022] ZAGPPHC 425

National African Federated Chambers of Commerce and Industry Free State Province and Another v Master of the High Court and Others (74936/2016;12167/2019)

National African Federated Chambers of Commerce and Industry Free State Province and Another v Master of the High Court and Others (74936/2016;12167/2019) [2022] ZAGPPHC 425 (17 June 2022)

The court set aside the Master’s 2018 letters of authority, found fraud and procedural unfairness, confirmed the lawful trustees, and dismissed the counter-application.

  • Review Of Administrative Action
  • Letters Of Authority
  • Trusteeship Dispute
  • Fraud In Administrative Decision
  • Locus Standi
  • Condonation
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Land And Property [2022] ZALMPPHC 29

Maja and Others v Trustees for the time being of Reboile Trust and Others (7805/2020)

Maja and Others v Trustees for the time being of Reboile Trust and Others (7805/2020) [2022] ZALMPPHC 29 (10 June 2022)

The High Court dismissed an application to remove and replace Reboile Trust trustees, finding the applicants were not validly appointed and lacked locus standi.

  • Trustee Removal
  • Trust Deed Interpretation
  • Locus Standi
  • Letters Of Authority
  • Beneficiary Verification
  • Trustee-removal
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Family And Children [2022] ZAECBHC 8

Bobani v Benge and Others (428/2018)

Bobani v Benge and Others (428/2018) [2022] ZAECBHC 8 (14 April 2022)

The High Court declared a purported 1986 marriage null and void because the deceased’s prior marriage had not been dissolved, and set aside the estate appointment.

  • Bigamous Marriage
  • Estate Administration
  • Letters Of Authority
  • Nullity Of Marriage
  • Bigamous-marriage
  • Nullity-of-marriage
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Civil Procedure [2021] ZAGPPHC 742

Mokken N.O and Others v Master of the High Court, Pretoria and Others (33000/20)

Mokken N.O and Others v Master of the High Court, Pretoria and Others (33000/20) [2021] ZAGPPHC 742 (2 November 2021)

The High Court dismissed a challenge to amended trust deeds and letters of authority, finding no factual basis for duress, misrepresentation, or referral to trial.

  • Trust Deed Amendment
  • Administrative Action Review
  • Letters Of Authority
  • Duress In Contract
  • Non Disclosure
  • Trust-law
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Civil Procedure [2021] ZAGPJHC 429

Khunou v Sebesho and Another In re: Sebesho v Khunou and Another (24798/17)

Khunou v Sebesho and Another In re: Sebesho v Khunou and Another (24798/17) [2021] ZAGPJHC 429 (13 September 2021)

The High Court granted condonation and rescinded an ex parte order cancelling letters of authority, finding the matter was opposed and the applicant had a direct interest.

  • Rescission Of Judgment
  • Rule 42 Application
  • Letters Of Authority
  • Deceased Estate Procedure
  • Condonation
  • Exception Procedure
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Land And Property [2020] ZAGPPHC 450

Bezuidenhout and Others v Malan and Others (31201/2020)

Bezuidenhout and Others v Malan and Others (31201/2020) [2020] ZAGPPHC 450 (11 August 2020)

The High Court confirmed a rule nisi, removed a trustee for mismanaging trust affairs, appointed new trustees, and ordered handover of trust property and documents.

  • Trustee Removal
  • Interim Interdict
  • Trust Property Control Act
  • Letters Of Authority
  • Costs Order
  • Trustee-removal
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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.