Ruthven and Another v Botha and Others
Ruthven and Another v Botha and Others [2023] ZAGPPHC 446; 29145/2021 (9 June 2023)
The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The arguments advanced regarding the jurisdiction of the court and the irreversibility of property transfer were unpersuasive. The applicants had acquiesced in the jurisdiction of the High Court and did not raise lis pendens as a defence at the initial hearing. The indemnity for legal costs remained valid, and the Trust's contingent assets were still assets. The removal of the second applicant as trustee was justified due to his conduct against the interests of the Trust and its beneficiaries.…
Source excerpt
- Leave To Appeal Test
- Trustee Removal
- Lis Pendens
- Costs De Bonis Propriis
- Prescription Of Property Rights
- Abstract Theory Of Transfer