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South Africa Case Law

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Land And Property [2025] ZAGPJHC 355

Mcglashan N.O and Others v Fhulufhelo and Another (2023/042194)

Mcglashan N.O and Others v Fhulufhelo and Another (2023/042194) [2025] ZAGPJHC 355 (31 March 2025)

The High Court refused leave to appeal against an eviction order, granted condonation, and set a date for vacating the property.

  • Eviction
  • Trust Termination
  • Lease Agreement
  • Condonation
  • Prevention Of Illegal Eviction Act
  • Leave-to-appeal
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Land And Property [2024] ZAWCHC 101

De Wit and Others v De Wit and Others (8370/23)

De Wit and Others v De Wit and Others (8370/23) [2024] ZAWCHC 101 (10 April 2024)

The High Court dismissed an application to terminate a family trust or remove trustees, finding the applicants had not met the requirements of the Trust Property Control Act.

  • Trust Termination
  • Trustee Removal
  • Trust Discretion
  • Beneficiary Rights
  • Trust Property Control Act
  • Family Business Dispute
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Land And Property [2024] ZAGPPHC 264

Avis N.O and Another v Avis N.O and Another (2023-041644)

Avis N.O and Another v Avis N.O and Another (2023-041644) [2024] ZAGPPHC 264 (6 March 2024)

The High Court terminated a testamentary trust, held the Haarlem property was not a trust asset, and dismissed a non-joinder objection.

  • Trust Termination
  • Testamentary Trust
  • Joinder
  • Asset Distribution
  • Trust-termination
  • Testamentary-trust
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Civil Procedure [2023] ZAGPPHC 2010

Hlatshwayo v ABSA Trust Limited (054887/23)

Hlatshwayo v ABSA Trust Limited (054887/23) [2023] ZAGPPHC 2010 (12 December 2023)

The court dismissed an unopposed application to terminate a trust for an injured beneficiary, finding no adequate proof of capacity and procedural defects.

  • Trust Termination
  • Mental Capacity
  • Curator Ad Litem
  • Trust Property Control Act
  • Trust-termination
  • Mental-capacity
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Land And Property [2023] ZAGPPHC 1938

Kilbourn v Zwemstra N.O. and Others (24858/2020)

Kilbourn v Zwemstra N.O. and Others (24858/2020) [2023] ZAGPPHC 1938 (14 November 2023)

The High Court dismissed an application about a retirement village trust, PAIA access, trust termination, and an administrator, with punitive costs.

  • Sectional Titles Act
  • Trust Termination
  • Fiduciary Duties
  • Promotion Of Access To Information Act
  • Appointment Of Administrator
  • Declaratory Orders
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Civil Procedure [2023] ZAGPJHC 1146

K.H NO v H Trust and Others (035385/2022)

K.H NO v H Trust and Others (035385/2022) [2023] ZAGPJHC 1146 (6 October 2023)

The High Court dismissed an application to terminate a family trust, holding section 13 was not triggered. It ordered the parties to use the deed’s deadlock procedure.

  • Trust Termination
  • Trust Property Control Act
  • Deadlock Resolution
  • Trustee Appointment
  • Matrimonial Dispute
  • Beneficiary Rights
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Civil Procedure [2022] ZAGPPHC 1018

Mathye v ABSA Trust Limited (42437/2021)

Mathye v ABSA Trust Limited (42437/2021) [2022] ZAGPPHC 1018 (1 December 2022)

The court dismissed an application to terminate a trust for a former minor beneficiary and ordered appointment of a curator ad litem to assess capacity.

  • Trust Termination
  • Curator Ad Litem
  • Constitutional Rights
  • Trust Property Control Act
  • Uniform Rules Of Court
  • Trust-termination
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Land And Property [2022] ZAGPJHC 709

Ntlekeni v Uberrima Phoenix (PTY) Ltd t/a Uberrima Phoenix Trust Management and Another (40778/2021)

Ntlekeni v Uberrima Phoenix (PTY) Ltd t/a Uberrima Phoenix Trust Management and Another (40778/2021) [2022] ZAGPJHC 709 (19 September 2022)

The High Court dismissed an application by a trust beneficiary to terminate her trust and receive the capital, finding insufficient evidence of changed circumstances.

  • Trust Termination
  • Trustee Powers
  • Beneficiary Rights
  • Trust-termination
  • Trustee-powers
  • Beneficiary-rights
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Civil Procedure [2020] ZAGPPHC 399

Tsebe v Absa Trust Limited and Others (18079/2020)

Tsebe v Absa Trust Limited and Others (18079/2020) [2020] ZAGPPHC 399 (4 August 2020)

The High Court terminated a trust holding a Road Accident Fund award for the applicant, finding no proof of incapacity and ordering payment to his attorney's trust account.

  • Trust Termination
  • Trust Property Control Act
  • Constitutional Rights Of Beneficiary
  • Trust-termination
  • Trust-property-control-act
  • Beneficiary-rights
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Civil Procedure [2016] ZAWCHC 211

Seawright v Nedgroup Trust Limited NO and Others (10576/2014)

Seawright v Nedgroup Trust Limited NO and Others (10576/2014) [2016] ZAWCHC 211 (7 December 2016)

The court allowed the plaintiff to amend her claim to add a trust-termination cause of action under section 13 of the Trust Property Control Act.

  • Amendment Of Pleadings
  • Trust Termination
  • Trust Property Control Act
  • Misconduct Of Trustees
  • Joinder Of Parties
  • Amendment-of-pleadings
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.