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South Africa decisions
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Tibane and Others v Mhlongo and Others (Leave to Appeal) (1870/2023) [2025] ZAMPMBHC 65 (28 July 2025)
The High Court refused leave to appeal against the appointment of an administrator for a dysfunctional trust, holding the order was interim and not appealable.
Viljoen and Another v Maree (4592/2020) [2025] ZAFSHC 177 (12 June 2025)
The High Court dismissed an application over alleged non-compliance with an account-rendering order, finding the applicants had not shown the account was inadequate.
Hartmann and Others v Hacker N.O and Others (4720/2023) [2024] ZAFSHC 369 (25 November 2024)
The High Court granted leave to appeal in a trust dispute over the alleged distribution event date and whether the applicants had standing to challenge trustee conduct.
Joubert v Black Rhino Game Lodge (Pty) Ltd and Others (083030/2023) [2024] ZAGPPHC 1088 (24 October 2024)
High Court case on contempt, rescission and stay of a consent order in a family company and trust dispute. Contempt failed; execution was stayed pending Part B.
K.T and Others v J.N.T and Another (056992/2024) [2024] ZAGPPHC 536 (13 June 2024)
The court found that the matter was urgent due to imminent arbitration proceedings affecting the minor's interests in the family trust. The minor's interests were in direct conflict with those of her mother, the first respondent, who would ordinarily represent her but was disqualified by the conflict. The court, exercising its inherent jurisdiction as upper guardian of minors, held that it was in the best interests of the child to appoint a curator ad litem to represent her in the arbitration and any related litigation. The applicants were entitled to costs on the party and party scale, as th…
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Ziqubu v Road Accident Fund (27583/2019) [2024] ZAGPJHC 533 (4 June 2024)
Minor passenger injured in a collision won damages for future loss of earnings and general damages, with a trust ordered to protect the award.
NT obo SDT v MEC for Health: North West Provincial Government (1943/2016) [2024] ZANWHC 125 (16 May 2024)
High Court awarded damages for a child with cerebral palsy, applying a 15% contingency deduction to agreed future medical expenses and ordering trust-related costs.
N.S.M obo B.F.M v Road Accident Fund (12649/20) [2024] ZAGPPHC 162 (22 February 2024)
Default judgment for a minor injured in a vehicle rollover. The court awarded loss of earnings, accepted settled general damages, and ordered a RAF undertaking for future medical costs.
Zeelie N.O v Mjejane Parent Game Reserve Home Owners Association NPC and Others (4033/2021) [2023] ZAMPMBHC 16 (8 March 2023)
The court found that the Wildlife Agreement was backdated and referenced servitude registration numbers that did not exist at the purported signing date, evidencing an attempt to circumvent the Ebersohn AJ order. The respondents failed to provide plausible explanations or refute the applicant's evidence. The agreements were concluded without proper beneficiary approval, in violation of both the Trust Deed and the prior court order. The court held that the agreements unlawfully encumbered Trust property, excluded beneficiaries, and were concluded for no consideration, undermining the purpose o…
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R.S v Member of the Executive Council for Health of the Gauteng Provincial Government (65454/2018) [2022] ZAGPPHC 356 (17 May 2022)
Settlement in a medical-negligence claim was made an order of court, with directions on taxation of attorney-client costs, trust creation, and trustee composition.
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