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Civil Procedure [2022] ZAECPEHC 3

Kenny v Seaman N.O (2062/2020)

Kenny v Seaman N.O (2062/2020) [2022] ZAECPEHC 3 (18 January 2022)

The court held that the plaintiff's particulars of claim are embarrassing and deficient because they fail to plead the material fact of a cession agreement transferring the right to claim from the estate to the plaintiff. Without such an averment, the plaintiff lacks locus standi to claim payment from the Trust, as only the executor may sue or be sued in respect of estate assets. The absence of averments regarding when the loan was made and when the contract was concluded does not render the claim vague and embarrassing, nor does it preclude a cause of action, but may be addressed through oth…

  • Locus Standi In Deceased Estate
  • Pleading Requirements
  • Cession Of Rights
  • Loan Repayable On Demand
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