Mamabolo v Mamabolo and Another (11855/2021)
Mamabolo v Mamabolo and Another (11855/2021) [2022] ZAGPPHC 689 (8 September 2022)
The court found that the applicant's claim was prescribed, as she became aware of the will and the property transfer well beyond the three-year period stipulated by the Prescription Act. No reasonable explanation or condonation for the delay was provided. The application was further dismissed due to the existence of material disputes of fact, particularly regarding the validity of the will and allegations of fraud, which cannot be resolved on affidavit and require action proceedings. The applicant failed to provide admissible expert evidence and did not apply for referral to oral evidence or…
Source excerpt
- Prescription Act Claim
- Administration Of Estates
- Validity Of Will
- Material Dispute Of Facts
- Promotion Of Administrative Justice Act
- Condonation For Late Filing