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South Africa decisions
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T.T v D.T N.O and Others (201/2023; 1916//2023) [2024] ZAFSHC 7 (26 January 2024)
The court removed a trustee of the Olive Tree Trust, found the trust lacked capacity for a period, appointed new trustees, and confirmed an interdict over the trust property.
Mmutle NO and Others v ABSA Bank Ltd and Others (UM 20/2023) [2023] ZANWHC 158 (7 September 2023)
The court discharged a rule nisi and dismissed a trust-related urgent application, finding the applicants were not validly appointed trustees under the trust deed.
Nedbank Limited v Mhlari N O and Others (37766/2018) [2022] ZAGPJHC 719; 2022 (6) SA 438 (GJ) (22 September 2022)
The court found that although the Trust Deed required at least three trustees, only two were appointed when the loan agreement was concluded. However, the trustees represented to the Plaintiff that they were authorised to act for the Trust and provided a resolution to that effect. The Plaintiff, as an outsider, could not have known of the internal non-compliance. The court held that the Trust is estopped from denying the authority of the trustees and is bound by the loan agreement. The Defendants, as sureties, are equally liable. The Defendants failed to lead evidence to support their counter…
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XY Mining v Commissioner for the South African Revenue Service (IT 25390) [2021] ZATC 14; 84 SATC 288 (18 May 2021)
The Tax Court held that retrospective PBO approval under section 30(3B) must be assessed under the law in force when the application was made.
Mfeka and Others v Nkawana and Others (AR33/2019) [2020] ZAKZPHC 6 (28 February 2020)
The court held that the remaining trustees of the Bhangazi Community Trust did not have the legal standing to oppose the application or prosecute the appeal, as the trust deed required a minimum of seven trustees and only two remained with letters of authority. Section 6(1) of the Trust Property Control Act mandates that trustees may only act if authorised by the Master, and actions taken by unauthorised trustees are a nullity. The court relied on the Parker and Lupacchini decisions, which establish that a trust cannot act when the minimum number of authorised trustees is not met, and any leg…
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Soundprops (236) (Pty) Ltd v Lewis and Another (14889/2008) [2008] ZAWCHC 305 (24 November 2008)
The court upheld a valid heads of agreement and granted eviction under PIE after the occupiers failed to pay R791,000 by the agreed date.
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