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South Africa decisions
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Mankge v Stuart N.O and Another (3874/2023) [2024] ZAMPMHC 69 (25 November 2024)
The High Court dismissed an interdict application by a surviving spouse seeking to stop an executor from selling estate property, holding the executor’s statutory powers prevailed.
Versfeld v Gillow and Another (AR142/2022) [2023] ZAKZPHC 145 (29 September 2023)
The court held that the liquidation of the universal partnership estate must be conducted in accordance with the settlement agreement, with the liquidator's mandate supplementing only where the attorneys failed to agree on the distribution of assets. The letter of appointment does not override the settlement agreement but must be read together with it. The liquidator is limited to making decisions where the parties' attorneys could not reach agreement. The court found no need for rectification of the liquidator's mandate, as the requirements for rectification were not met and no prayer for re…
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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.
De Wet and Another v Gambeno and Another (434/2022) [2022] ZAECELLC 32 (22 November 2022)
The court dismissed an urgent interdict application arising from a dissolved partnership dispute, holding that the applicants had no enforceable right to ongoing business control.
Commissioner for The South African Revenue Services v Porrit N.O. and Others (9260/2013) [2022] ZAKZPHC 53 (16 September 2022)
The High Court granted SARS leave to amend its particulars of claim in a liquidation-related dispute, finding no new cause of action or relevant prejudice.
De Villiers and Others v Trustees for the Time Being of the GJN Trust and Others (756/2017) [2018] ZASCA 80; 2019 (1) SA 120 (SCA) (31 May 2018)
The Supreme Court of Appeal held that the appellants were not affected parties within the meaning of rule 42(1)(a) and had no locus standi to challenge the section 420 order. The court found that the subject matter of the section 420 application was the restoration of the dissolved company to a company in liquidation, not the enforceability of claims against the appellants. The prosecution of any claims against the appellants would occur in subsequent proceedings, where they would have the opportunity to defend themselves. As unproved creditors and as director/shareholder, the appellants' leg…
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Absa Bank Limited v Patel NO and Others (21851/2016) [2016] ZAWCHC 209 (13 December 2016)
The court removed Patel as joint trustee of an insolvent trust after finding serious misconduct, non-disclosure of trust funds, and a failure to account.
Nel NO v Body Corporate of the Seaways Building and Another (45/94) [1995] ZASCA 83; 1996 (1) SA 131 (SCA); (25 August 1995)
The court held that pre-liquidation sectional title levies remained due, so transfer could be withheld until the body corporate was paid or satisfied.
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