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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 770

Ramatsetse-Moloi v Shiremane and Others (2025-110223)

Ramatsetse-Moloi v Shiremane and Others (2025-110223) [2025] ZAGPPHC 770 (1 August 2025)

The High Court struck an urgent application from the roll because the applicant failed to prove urgency, with unresolved executorship and marriage issues left for later proceedings.

  • Urgency In Motion Proceedings
  • Customary Law Marriage
  • Letters Of Executorship
  • Striking From The Roll
  • Urgency-in-motion-proceedings
  • Customary-law-marriage
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Civil Procedure [2023] ZAGPPHC 1157

Bouwer N.O v Master of the Pretoria High Court and Another (Reasons) (053543/2023)

Bouwer N.O v Master of the Pretoria High Court and Another (Reasons) (053543/2023) [2023] ZAGPPHC 1157 (12 September 2023)

The High Court held that section 18(3) of the Administration of Estates Act does not let the Master revoke an existing executorship simply because an estate falls below the threshold.

  • Administration Of Estates Act
  • Executor Removal
  • Letters Of Executorship
  • Section 18 3 Threshold
  • Liquidation And Distribution
  • Administration-of-estates-act
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Civil Procedure [2023] ZANWHC 183

Olivier v Nieman and Others (Leave to Appeal) (UM228/2022)

Olivier v Nieman and Others (Leave to Appeal) (UM228/2022) [2023] ZANWHC 183 (6 April 2023)

The High Court dismissed an application for leave to appeal against an interim order authorising administration steps in a deceased estate.

  • Leave To Appeal
  • Administration Of Estates Act
  • Interim Orders
  • Letters Of Executorship
  • Costs Award
  • Leave-to-appeal
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Civil Procedure [2021] ZAECBHC 13

Ngxumali-Thomas and Another v Cokwana and Another (567/2021)

Ngxumali-Thomas and Another v Cokwana and Another (567/2021) [2021] ZAECBHC 13 (6 August 2021)

The court found that the matter could not be properly determined without a report from the Master as required by Uniform Rule 6(9), given the complexity of competing claims to marriage and executorship, and the potential application of both civil and customary law. The urgency arose from the Master's informal demand for the return of the applicant's letters of authority and the threat to issue new letters to the first respondent. The court declined to dismiss the application or grant interdictory relief at this stage, instead postponing the matter and directing the Master to provide a report…

  • Administration Of Estates Act
  • Customary Marriage Dispute
  • Letters Of Executorship
  • Interdictory Relief
  • Succession
  • Rule 6 9 Master Report
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Land And Property [2021] ZAGPPHC 288

Mapea v Mapea and Others (36401/2018)

Mapea v Mapea and Others (36401/2018) [2021] ZAGPPHC 288 (12 May 2021)

The High Court dismissed an application to declare a note a valid will under section 2(3) of the Wills Act, with costs, after finding the note unproven and legally invalid.

  • Wills Act Section 2 3
  • Declaratory Relief
  • Letters Of Executorship
  • Joinder
  • Intestate Succession
  • Wills-act-section-2-3
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Civil Procedure [2020] ZALMPPHC 67

Elmarie Bierman Attorneys and Another v Kutu and Others (6114/2018, HCAA11/2019)

Elmarie Bierman Attorneys and Another v Kutu and Others (6114/2018, HCAA11/2019) [2020] ZALMPPHC 67 (19 August 2020)

High Court appeal set aside an order invalidating a will after finding materially different founding affidavits and procedural irregularity. Matter was sent back for rehearing.

  • Validity Of Wills
  • Letters Of Executorship
  • Fraudulent Misrepresentation
  • Audi Alteram Partem
  • Costs De Bonis Propriis
  • Wills-and-estates
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Civil Procedure [2015] ZAGPPHC 123

Lenyai and Another v Rooth and Wessels Inc and Others (84265/2014)

Lenyai and Another v Rooth and Wessels Inc and Others (84265/2014) [2015] ZAGPPHC 123 (3 March 2015)

The High Court set aside a disputed 2008 will for lack of testamentary capacity, cancelled related letters of executorship, and revived the 1987 will.

  • Validity Of Wills
  • Testamentary Capacity
  • Letters Of Executorship
  • Fraudulent Will
  • Validity-of-wills
  • Testamentary-capacity
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Civil Procedure [2014] ZAGPPHC 717

Nkosi v Mogane and Another (13759/12)

Nkosi v Mogane and Another (13759/12) [2014] ZAGPPHC 717 (15 September 2014)

The High Court granted condonation for late filing but dismissed leave to appeal, holding the applicant lacked locus standi because her executorship had been revoked and she had not sought review of that decision.

  • Locus Standi
  • Judicial Review
  • Condonation
  • Letters Of Executorship
  • Locus-standi
  • Judicial-review
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Civil Procedure [2013] ZAGPJHC 170

Ntsukunyane and Another v Moleko and Others (16595/2013)

Ntsukunyane and Another v Moleko and Others (16595/2013) [2013] ZAGPJHC 170 (11 June 2013)

High Court urgent estate dispute over executorship, vehicle transfers, and taxi permits. The court upheld the executrix’s authority and set aside unlawful transfers.

  • Letters Of Executorship
  • Customary Marriage Recognition
  • Estate Administration
  • Transfer Of Vehicle Ownership
  • Taxi Permit Transfer
  • Validity Of Marriage Certificate
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Family And Children [2013] ZAGPJHC 100

None v Tshabalala (15549/2011)

None v Tshabalala (15549/2011) [2013] ZAGPJHC 100 (3 May 2013)

The High Court held that the applicant’s civil marriage subsisted, invalidated the respondent’s later customary marriage, and confirmed the applicant’s executrix powers.

  • Customary Marriage Validity
  • Universal Partnership Claim
  • Administration Of Estates
  • Ejectment
  • Letters Of Executorship
  • Interdict
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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.