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South Africa decisions
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Glenhazel Investment (Pty) Ltd v Barbaglia N.O and Others (2023/055003) [2025] ZAGPJHC 738 (25 July 2025)
The High Court referred a deposit dispute to trial after finding a material factual dispute over a trustee’s authority to bind a trust in a property sale.
Meyersdal Nature Estate Homeowners Association v Makhomisani N.O. and Another (2019/21916) [2025] ZAGPJHC 680 (14 July 2025)
The court found that the applicant failed to comply with the requirements for substitution of parties under Rule 15(2) of the Uniform Rules of Court. The notice of substitution was not personally served on the correct trustee, and no application for leave to substitute was made after the commencement of the hearing. The return of service indicated that service was effected on the incorrect party and not on the trustee who should have been joined. The court held that these procedural defects were fatal to the application, and as a result, the rule nisi could not be confirmed. The applicant's f…
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Du Plessis and Another v Cabral (098558/2023) [2025] ZAGPJHC 167 (25 February 2025)
A High Court held that a signed indemnity covered inquiry-related legal costs in an insolvent estate and ordered the respondent to pay.
Byray Holdings (Pty) Ltd v Unlawful Occupiers of Unit [...] Mont Blanc Heights and Others (2023/014224) [2024] ZAGPJHC 1248 (1 December 2024)
High Court PIE eviction case: the respondents failed to prove that an unregistered long lease bound the purchaser, and eviction was ordered.
Majiedt N.O and Another v Dippenaar N.O and Others (3815/2022) [2024] ZAECMKHC 117 (24 October 2024)
The High Court granted final sequestration of the MD Trust, holding that the applicants had authority, a liquidated claim, and proof of insolvency and creditor advantage.
Dayal Consulting (Pty) Ltd v Unlawful Occupiers Of Unit 9 Mont Blanc Heights and Others (2023/014169) [2024] ZAGPJHC 716 (7 August 2024)
The High Court ordered eviction from Units 9 and 60 Mont Blanc Heights after rejecting reliance on an unregistered alleged long lease and finding no actual knowledge by the purchaser.
Mabulanyane N.O and Others v Magolego and Others (11014/2022) [2024] ZALMPPHC 85 (26 July 2024)
The High Court dismissed a Rule 30 application to set aside Rule 7 notices challenging trustees’ authority to act for a trust, and ordered personal costs.
Masithela N.O. and Others v Master of the High Court Pretoria and Others (60899/2021) [2024] ZAGPPHC 287 (19 March 2024)
The court found that the Winter Cereal Trust was incapacitated from acting in litigation due to having fewer than the minimum number of trustees required by its trust deed. The applicants, acting as trustees, could not lawfully institute proceedings or mandate attorneys without a properly constituted trustee body and valid resolutions. The purported authority given to Bokwa Law Incorporated was invalid, and the applicants failed to demonstrate compliance with the trust deed or joint action as required by law. The notice of substitution of parties was defective, as it was filed after the comme…
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Van Der Walt and Another v RZT Zelppy 4230 (Pty) Ltd and Others (2033/2021) [2024] ZALMPPHC 8 (30 January 2024)
The court found that there are several material disputes of fact regarding the sale of the immovable property and the authority of the trustees involved. The disputes concern the validity of the resolution authorising the sale, the effect of a trustee's resignation, and the existence of missing documents and deceased witnesses. These disputes are genuine and cannot be resolved on affidavit alone. The court held that referral to trial is necessary to ensure a full and fair adjudication of all issues, as the scope of trial allows for discovery, reconstruction of missing documents, and calling o…
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Erasmus N.O and Others v Van Der Linde and Others (2197/23) [2023] ZAMPMHC 37 (20 October 2023)
The court found that the applicant failed to establish a prima facie right to the interim interdict. The evidence did not support the claim that the respondent acted without trustee authorization, as a resolution signed by the trustees existed. The applicant did not provide sufficient proof that the reconstruction was unlawful under the National Building Regulations and Building Standards Act, nor did she demonstrate any imminent harm that would justify the grant of an interim interdict. The balance of convenience favored the respondent, as halting construction would cause deterioration and f…
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