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South Africa decisions
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Sasser (Jnr) N.O. and Another v Sasser (Snr) and Others (2024-115325) [2024] ZAGPPHC 1060 (29 October 2024)
Urgent application in a family trust dispute was struck from the roll because the applicants failed to show they would not get substantial redress later.
Zeelie v Unknown Trespassers of Farm Impala Boerdery 231, JU, Mpumalanga (3359/2020) [2022] ZAMPMBHC 11 (9 March 2022)
The court found that the Trust, as owner of the property, has a clear right to protect its ownership and interests. The respondents' allocation and development of land on the property, without verified beneficiaries and in contravention of both the trust deed and the court order of 12 December 2008, constitutes unlawful conduct. The argument that interdicts cannot be granted against unidentified persons was rejected, as the group of unknown trespassers is ascertainable and their conduct is distinct. The respondents failed to utilize procedural remedies to challenge the ex parte and urgent nat…
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Pienaar N.O and Others v Matthysen and Others (UM26/2020) [2020] ZANWHC 45 (5 March 2020)
The High Court held the urgent application was properly urgent, found the third respondent was not validly before court, and ordered access and control of the properties.
G S and Another v Vardakos NO and Others (32795/2017) [2018] ZAGPJHC 541 (20 September 2018)
The High Court ordered an executor to disclose estate bank account details and supporting vouchers after failing to account for withdrawn estate funds.
Amandebele-Ba-Lebelo and Another v Kekana and Others (42766/2013) [2014] ZAGPPHC 524 (2 April 2014)
The High Court confirmed a rule nisi, set aside unlawful deed endorsements, and held that the recognised Amandebele-Ba-Lebelo council controlled the land.
Wiid and Others v Wiid and Others (1571 / 2006) [2012] ZANCHC 62 (13 January 2012)
The court found that the trustees failed to exercise independent and prudent discretion when leasing trust assets to the third defendant at rates significantly below market value and allowing free use of wildlife, thereby causing substantial financial loss to the trust and unfairly benefiting one beneficiary over others. The trustees acted under the undue influence of the deceased founder and neglected their statutory and common law duties to act in the best interests of all beneficiaries. Their conduct amounted to gross negligence and a breach of fiduciary duty. The court held the first to f…
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Erwee NO en 'n Ander v Erwee NO en Andere (3714/2003) [2004] ZAFSHC 1; [2006] 1 All SA 626 (O) (29 January 2004)
The court held that a trust deed gave the founder a right to nominate, not unilaterally appoint, additional trustees, so the appointments were invalid.
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