Van Rooyen N.O and Another v Mokwena N.O and Another (3797/2022)
Van Rooyen N.O and Another v Mokwena N.O and Another (3797/2022) [2022] ZALMPPHC 43; [2022] 4 All SA 274 (LP) (18 July 2022)
The court found that the evidence from the section 417 and 418 enquiry, relied upon by the applicants, is inadmissible against the Trust as it constitutes hearsay and was not confirmed by the witnesses in these proceedings. The applicants failed to satisfy the requirements for admission of hearsay evidence under section 3(1)(c) of the Law of Evidence Amendment Act, as the evidence was incomplete, untested, and prejudicial to the respondents. The court further held that the applicants did not establish their locus standi as creditors, as the alleged indebtedness of the Trust is bona fide dispu…
Source excerpt
- Sequestration Proceedings
- Piercing Of Trust Veneer
- Hearsay Evidence
- Legal Professional Privilege
- Bona Fide Dispute Of Debt