Thiessen and Another v Botha and Another (A243/2016)
Thiessen and Another v Botha and Another (A243/2016) [2017] ZAWCHC 59 (26 May 2017)
The court found that the appellant lacked locus standi to seek interdictory and proprietary relief against the respondents, both in the court a quo and on appeal. The founding affidavit failed to allege or establish any factual or legal basis for such standing, nor did it explain why the patient's next of kin did not bring the application. The right to challenge orders affecting the patient's estate, including costs and proprietary orders, vests in the curator bonis, not the appellant. The curator bonis did not participate in the appeal to defend the estate's interests or attack the costs ord…
Source excerpt
- Curatorship
- Locus Standi
- Costs Orders
- Rule 57 Applications
- Appointment Of Curator Bonis