Du Plessis and Others v Majiedt N.O. and Others (3059/2021)
Du Plessis and Others v Majiedt N.O. and Others (3059/2021) [2023] ZAFSHC 131 (18 April 2023)
The court found that Mr Du Plessis did not have locus standi to institute the main application or to oppose the counter-application, as his estate was under provisional sequestration at the relevant times and he failed to join or obtain the consent of the provisional trustees. The affidavits did not establish any factual basis for locus standi, nor was there evidence of the trustees' refusal to act or waiver of rights. The lease agreement concluded between Mr Du Plessis and Full Circle Projects Twenty CC was declared void and unenforceable because it was entered into without the prior written…
Source excerpt
- Locus Standi
- Lease Agreement Validity
- Mortgage Bond Conditions
- Joinder Of Parties
- Condonation Of Late Filing