Khabola NO v Ralitabo NO (5512/2010)
Khabola NO v Ralitabo NO (5512/2010) [2011] ZAFSHC 62 (24 March 2011)
The court found that the parties intended to form a partnership, simulated as a trust, given the nature of their contributions and the absence of beneficiaries in the trust instrument. The applicant, as founder and manager, and the co-trustees, as contributors, all had a direct and substantial interest in the trust property. Under common law and section 34 of the Constitution, both the applicant and co-trustees have locus standi to bring applications against each other regarding the trust property. The court therefore held that both the application and counter-application were properly before…
Source excerpt
- Locus Standi
- Trust Property
- Partnership Simulation
- Alienation Of Land Act Compliance