South Africa Case Law

Van Rooi v Swellendam Municipality and Others (C812/2018)

Van Rooi v Swellendam Municipality and Others (C812/2018) [2021] ZALCCT 82 (30 October 2021)

Court

Labour Court Cape Town

Case number

C812/2018

Judge

Rabkin-Naicker

The Court held that, in the absence of substitution of the executor of the deceased applicant's estate, the retrieval application could not proceed as there was no party with standing before the Court. The retrieval application was therefore not properly before the Court and could not be dismissed on its merits. The review application remains deemed withdrawn. The Court further held that, as the attorney's mandate ceased upon the death of the client and no mandate was obtained from the executor, costs orders relating to the retrieval application could not be made. However, since the erstwhile…

Source excerpt

• Review Application Lapsed
• Substitution Of Deceased Party
• Costs Liability Of Attorney
• Standing Of Executor

Gounden v Properties Formerly known as the Farm Cato Manor No 812 (LCC87/99)

Gounden v Properties Formerly known as the Farm Cato Manor No 812 (LCC87/99) [2003] ZALCC 11 (25 April 2003)

Court

Land Claims Court

Case number

LCC 87/99

Judges

YS Meer, A Gildenhuys, G Hugo

The Land Claims Court substituted the applicant as executrix in a restitution claim and held the claim was properly lodged on behalf of the deceased estate.

• Restitution Of Land Rights Act
• Standing Of Executor
• Amendment Of Pleadings
• Land-restitution
• Executor-standing
• Amendment-of-pleadings