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Firstrand Bank Limited v Adonis and Others (M169/2023) [2024] ZANWHC 214 (21 August 2024)
The High Court struck a bank’s suretyship payment application from the roll after one respondent died un-substituted and disputed facts could not be resolved on affidavit.
Van Rooi v Swellendam Municipality and Others (C812/2018) [2021] ZALCCT 82 (30 October 2021)
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 The review application remains deemed withdrawn.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…
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