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South Africa decisions
Decisions matching the current search
Rossiter NO v Nedbank Limited (AR94/19, 8244/2010) [2020] ZAKZPHC 7 (14 February 2020)
A single trustee lacked authority to defend and counterclaim for a trust where the trust deed required joint decision-making by trustees.
Risseeuw N.O. v Alanza Boerdery (Edms) Bpk (36448/13) [2014] ZAGPPHC 265 (20 March 2014)
The court held that, in accordance with Van der Westhuizen v Van Sandwyk, all trustees must be joined as parties to enforce a right belonging to the trust. The plaintiff, acting alone, lacked locus standi. The option to purchase, while not itself a deed of alienation, must result in a sale agreement that complies with the Alienation of Land Act. The plaintiff failed to plead that he acted on the written authority of his co-trustees when exercising the option, which is a material fact required to sustain the cause of action. The court distinguished between facta probanda (material facts) and f…
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Risseeuw NO v Alanza Boerdery (EDMS) BPK (36448/13) [2014] ZAGPPHC 111 (20 March 2014)
The court held that the exception must succeed on the first ground, as all trustees must be joined to enforce a right of the trust, in accordance with binding authority. The second and fourth grounds of exception also succeed, as the particulars of claim fail to allege material facts required by law, specifically the written authority of the other trustees and the written exercise of the option within the stipulated period. The third ground fails, as the contractual provisions, properly interpreted, do not require exercise of the option only upon expiry of the lease. The fifth ground succeeds…
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Eybers NO and Others v Beaufort West Minerals (Edms) Bpk (11584/10) [2011] ZAWCHC 26 (24 February 2011)
The court held that the trustees had locus standi and that the respondent’s cancellation of the land sale was invalid. Specific performance was ordered.
Ex parte:Bacsy NO (21389/10) [2010] ZAGPPHC 266 (4 June 2010)
The High Court declined to grant a trust-surrender application because the trustee’s locus standi was not established. Leave was given to renew the application.
Changing Tides v Mahoney and Another (48549/2008) [2010] ZAGPPHC 620 (21 March 2010)
The High Court granted summary judgment for a trustee lender, rejecting a locus standi objection and holding that the respondents had not shown a bona fide defence.
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