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Mukombachoto v Rossiter and Others (27279/2019) [2022] ZAGPPHC 480 (22 June 2022)
The High Court dismissed a Rule 47 security-for-costs application and granted joinder of Geomechanics (Pty) Ltd, finding no proof of vexatious litigation.
Volkwyn v Williams and Others (4398/2007) [2008] ZAWCHC 255 (28 August 2008)
The court held that the law is clear: all persons with a direct and substantial interest in the relief sought must be joined as parties. In proceedings to declare a will invalid, this includes all beneficiaries and the executor. The applicant failed to join Roy and Barbara Volkwyn and the co-executor, Mr Bey, despite being notified of this defect. Mere notice or non-intervention by interested parties does not suffice, as it does not amount to an undertaking to be bound by the judgment. Without formal joinder, the court is precluded from deciding the merits of the application. The application…
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