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J.S N.O and Another v P.J.N S Familie Trust and Others (2017/66789) [2020] ZAGPPHC 52 (20 February 2020)
The High Court dismissed an opposed application to terminate a trust, cancel a usufruct, and sell trust-held property, finding no case under section 13 of the Trust Property Control Act.
Bouwer NO and Another v Smit NO and Others (59423/2015) [2019] ZAGPPHC 264 (5 June 2019)
High Court case on removal of trustees, trust winding-up, and appointment of independent trustees after family conflict over the Avianco Trust.
Truter and Another v Munsfeld and Others (6704/2016) [2016] ZAWCHC 143 (26 October 2016)
The court held that the particulars of claim, even if they establish a partnership agreement, only entitle the plaintiff to relief under the actio pro socio for the dissolution of the partnership. The appointment of a liquidator can only address the partnership and not the company or trust, which require separate legal processes for dissolution. The particulars of claim are deficient in failing to provide for the winding up of the company and trust, and thus do not disclose a cause of action in relation to those entities. The exception was therefore upheld, but the plaintiffs were afforded an…
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