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South Africa decisions
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N.N N.O v Aktash N.O and Another (15817/2020 ; 15818/2020) [2025] ZAWCHC 172 (22 April 2025)
High Court order on estate funds, spousal maintenance, a Capitec withdrawal dispute, and a vehicle claim arising from a deceased estate.
Savvas v Savvas N.O and Others (1969/2024) [2025] ZAFSHC 115 (7 April 2025)
The court found that the applicant failed to establish a proper case for interim maintenance from the deceased estate. Her evidence regarding financial need and quantification of expenses was inconsistent and unsubstantiated. The applicant's bank statements and investment balances indicated she had sufficient means to meet her reasonable maintenance needs. The executor's evidence of a cash shortfall in the estate was not contradicted. Procedural objections raised by the executor, such as premature claim lodgement and non-joinder, were dismissed, but on the merits, the applicant did not discha…
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Van Eeden v Oosthuizen and Others (2025-012995) [2025] ZAWCHC 146 (28 March 2025)
The High Court dismissed an urgent spoliation application for property keys, holding that the applicant was not in occupation and spoliation protects possession, not mere access.
Tlali and Another v Government Employees Pension Fund and Others (8000/2020) [2024] ZAGPPHC 843 (27 August 2024)
The High Court corrected an order to reflect that the Second Applicant, not the Second Respondent, was interdicted from finalising the deceased estate pending a maintenance claim.
M.M.M v Mhlwkwa N.O. and Others - Application for Leave to Appeal (2092/2022) [2024] ZAFSHC 77 (19 March 2024)
The court dismissed an application for leave to appeal, finding no reasonable prospects of success and holding that the earlier order remained valid and binding.
De Bruyn v Master of the High Court, Pretoria and Others (A178/2022; 66520/2018) [2024] ZAGPPHC 206 (7 March 2024)
The High Court dismissed an appeal challenging a surviving spouse’s maintenance claim, the liquidation and distribution accounts, and the refusal to remove the executrix.
L.B and Another v Kennedy N.O. and Others (22013/2015) [2023] ZAWCHC 275 (10 November 2023)
The court found that both grounds of the special plea of prescription were hit by res judicata, as previous judgments had already determined the plaintiff's status as a surviving spouse and the executor's lack of power to refuse her claim. The court held that a maintenance claim under the MSSA is not a debt for purposes of the Prescription Act and is not subject to prescription. The claim is contingent on declaratory relief and is ongoing in nature, only becoming due when the estate becomes distributable. The executor's refusal to entertain the claim was unlawful, and service of summons was e…
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Keaomontri v Davids N.O (2021/24876) [2023] ZAGPJHC 1137 (9 October 2023)
The High Court dismissed an exception to a maintenance claim by a surviving life partner, holding the pleadings adequately alleged reciprocal support after Bwanya.
Botha v Ungerer (2022/045068) [2023] ZAGPJHC 142 (15 February 2023)
Urgent application for interim spousal maintenance and estate-related relief dismissed for lack of a formal claim and urgency.
Modise v The Master of the High Court of South Africa and Others (42772/2019) [2022] ZAGPJHC 602 (26 August 2022)
Leave to appeal was refused after the court held the applicant’s purported marriage void and found no reasonable prospects of success.
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