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South Africa decisions
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Mahomed N.O and Others v Al-Al Shaikh N.O and Others (2023/007716) [2025] ZAGPJHC 300 (24 March 2025)
The High Court terminated the King Fahad Islamic Centre Trust under section 13, finding its joint-administration structure had permanently frustrated its objects.
Snyman v De Kooker N O and Others (400/2023) [2024] ZASCA 119; [2024] 4 All SA 47 (SCA); 2024 (6) SA 136 (SCA) (2 August 2024)
The SCA held that trustees of an inter vivos trust failed to give a proper account and that the trust deed justified termination under section 13.
Hartmann and Others v Hacker N.O and Others (4720/2023) [2024] ZAFSHC 225 (30 July 2024)
The court dismissed an application to compel distribution of trust assets, finding the applicants lacked locus standi and had not met the requirements for trust termination.
R.R and Others v J.R and Others (16015/2022P) [2024] ZAKZPHC 39 (22 April 2024)
The High Court dismissed an application to remove trustees or wind up a family trust, holding that trustee conflict alone did not justify intervention.
Lucchesi and Another v Pillay NO and Others (19954/2022) [2023] ZAGPJHC 857 (2 August 2023)
The High Court held that a disputed property interest had been donated to a family trust, terminated the trust, and ordered transfer to the beneficiaries.
R.S v ABSA Trust Limited and Others (515/2021) [2022] ZAFSHC 5 (6 January 2022)
The High Court terminated a trust created for a former minor, finding that continued control by the trustee infringed her property and dignity rights.
Crowder v ABSA Trust Limited and Others (1301/2020) [2021] ZAGPJHC 888 (10 June 2021)
Leave to appeal was granted over a trust-termination dispute and a costs order, after arguments about trustee authority, discretion, and the proper protection of trust funds.
Seawright v Nedgroup Trust Limited NO and Others (A34/2018) [2018] ZAWCHC 123 (11 September 2018)
The court held that the appellant's amended particulars of claim, which sought termination of the trust under section 13 of the Trust Property Control Act, disclosed a valid cause of action. The allegations that the trustees' interpretation and application of the trust deed's provisions brought about consequences not contemplated or foreseen by the founder, and which prejudiced the interests of the appellant as beneficiary, were sufficient to found a claim under section 13. The court distinguished between claims for removal of trustees based on breach of fiduciary duty and claims for terminat…
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Gowar and Another v Gowar and Others (149/2015) [2016] ZASCA 101; [2016] 3 All SA 382 (SCA); 2016 (5) SA 225 (SCA) (9 June 2016)
The Supreme Court of Appeal dismissed an appeal and cross-appeal about removing trustees and terminating family trusts, finding no basis for relief on the papers.
Ziqula N.O and Others v Nombewu and Others (5038/2009) [2010] ZAECGHC 116 (25 November 2010)
The High Court terminated the Amabhoxo Development Trust after finding it dysfunctional and unable to achieve its land-holding purpose for the Salem community.
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