Bayer Trust v Bayer and Others (17673/2024)
Bayer Trust v Bayer and Others (17673/2024) [2024] ZAWCHC 404 (2 December 2024)
The court found that although a trust lacks legal personality and should ordinarily litigate through its trustees, the applicant's failure to cite the trustees by name was not fatal because the Letters of Authority attached to the founding affidavit identified all trustees and their authority. The court rejected the non-joinder argument, finding no evidence that the first respondent's children currently occupy the property or have a direct and substantial legal interest. Regarding lis pendens, the court held that the pending ownership action (case 21620/2014) raises genuine disputes of fact a…
Source excerpt
- Prevention Of Illegal Eviction Act
- Standing Of Trusts
- Joinder Of Parties
- Lis Pendens
- Right Of Habitatio
- Section 26 Constitution