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South Africa decisions
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De Luca and Others v Brazilie Farms (Pty) Ltd and Others (2023-130579) [2024] ZAGPJHC 18 (4 January 2024)
The High Court dismissed an urgent bid to stop a farm lease, finding the beneficiaries had not shown a prima facie right to exclusive use of the whole farm.
Mphahlele v Scheepers N.O and Others (Leave to Appeal) (23465/2022) [2023] ZAGPPHC 631 (27 July 2023)
The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success and no compelling reason to hear the appeal.
Kruth v Rall N.O. and Others (14625/2021) [2023] ZAWCHC 196; 2023 (6) SA 514 (WCC) (18 July 2023)
A trust beneficiary sought financial statements and documents from trustees. The High Court dismissed the application, finding no vested right or proven breach.
M.B v R.B and Others (2321/2016) [2023] ZANCHC 30 (14 July 2023)
The court found that the applicant, as a beneficiary of the Ri-El Trust, failed to demonstrate a direct and substantial legal interest in the subject-matter of the divorce and related proceedings. The trust assets, while considered for accrual purposes, remain the property of the trust and are not divested by the impugned order or deed of settlement. The applicant's interest was found to be speculative and not sufficient to establish locus standi for intervention. The court held that piercing the trust veneer for accrual calculation does not require the joinder of the trust or its beneficiari…
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De la Rey, Pieter Jacobus v PH de la Rey Family Trust and Others (084/2021) [2023] ZASCA 48 (11 April 2023)
The Supreme Court of Appeal held that an inheritance dispute was not discrimination under the Equality Act and that the Equality Court lacked jurisdiction.
Twala and Others v Nhleko N.O. and Others (40575/2018) [2021] ZAGPJHC 609 (29 March 2021)
The High Court stayed the MTN trust dispute and referred it to arbitration under the Alpine Trust Deed, holding the beneficiaries were bound by its arbitration clause.
Mangaung Township Community Working Group (Commonly known as MUCPP Community Working Group) v Commtech Comprehensive School and School Governing Body and Others (4586/2018) [2019] ZAFSHC 196 (27 June 2019)
The High Court held that the applicant had locus standi for purposes of a spoliation claim, allowing the matter to be re-enrolled for further hearing.
Bergh and Another v Van Rensburg NO and Others (17617/09) [2010] ZAGPPHC 132 (23 September 2010)
The High Court refused leave to appeal against dismissal of Part A, holding that no final prejudice arose from refusing a curator ad litem and that costs were discretionary.
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