Collett N.O and Others v DA and Another (618/2016)
Collett N.O and Others v DA and Another (618/2016) [2016] ZAECGHC 70 (8 September 2016)
The court found that the First Respondent failed to establish that the lease and sale agreements he relied upon were validly authorized by the Trust. There was no evidence of proper notice to all Trustees, no validly convened meeting, no majority resolution, and no written minutes or authorization as required by the Trust Deed and relevant statutes. The purported agreements were signed without compliance with the procedural requirements, and the Trust Deed required documents to be signed by two Trustees, which was not done. The court held that the First Respondent had no right or entitlement…
Source excerpt
- Trust Property Control Act
- Trustee Powers And Duties
- Validity Of Trustee Resolutions
- Alienation Of Land Act
- Lease Agreements
- Restoration Of Possession