South Africa Case Law

Die Orffer Langdoed (Pty) Ltd v Orffer N.O and Others (17494/2024)

Die Orffer Langdoed (Pty) Ltd v Orffer N.O and Others (17494/2024) [2025] ZAWCHC 14; [2025] 2 All SA 777 (WCC) (23 January 2025)

Court

Western Cape High Court, Cape Town

Case number

17494/2024

Judge

P D Andrews

The Court found that the resignation of the third Trustee, Mr Stofberg, was effective upon the Master noting receipt of the resignation, in accordance with the Trust Deed and Section 21 of the Trust Property Control Act. The remaining Trustees were empowered to execute the resolution and Special Power of Attorney. The Trust's attempt to revoke the Special Power of Attorney was inconsistent with its prior conduct and representations, invoking the doctrine of estoppel. The Special Power of Attorney, securing a debt, is irrevocable until the debt is discharged. The sale agreement was validly con…

Source excerpt

• Trustee Resignation
• Deeds Registration Act
• Alienation Of Land Act
• Special Power Of Attorney
• Estoppel
• Fiduciary Duty

Sidwell N.O. v du Buisson N.O. and Others (4944/2014)

Sidwell N.O. v du Buisson N.O. and Others (4944/2014) [2016] ZAFSHC 82 (13 May 2016)

Court

Free State High Court, Bloemfontein

Case number

4944/2014

Judge

Van Zyl

The High Court granted leave to appeal to the Supreme Court of Appeal in a trust and property transfer dispute involving trustee resignation and a power of attorney.

• Trustee Resignation
• Validity Of Resolution
• Power Of Attorney Defects
• Leave To Appeal
• Deeds Registries Act
• Superior Courts Act

Weiss N.O and Others v Standard Bank of South Africa Ltd (945/2010)

Weiss N.O and Others v Standard Bank of South Africa Ltd (945/2010) [2013] ZANWHC 92 (16 May 2013)

Court

North West High Court, Mafikeng

Case number

945/2010

Judge

A A Landman

The court granted leave to appeal against dismissal of a rescission application, finding the trustees had locus standi and showing reasonable prospects of success.

• Locus Standi
• Trustee Resignation
• Suretyship
• Condonation
• Rescission Of Judgment
• Locus-standi

Meijer NO and Another v Firstrand Bank Ltd (formerly known as First National Bank of Sourthern Africa) and Another, In re: Firstrand Bank Ltd (formerly known as First National Bank of Sourthern Africa) and Another v Meijer and Others (2123/2010)

Meijer NO and Another v Firstrand Bank Ltd (formerly known as First National Bank of Sourthern Africa) and Another, In re: Firstrand Bank Ltd (formerly known as First National Bank of Sourthern Africa) and Another v Meijer and Others (2123/2010) [2012] ZAWCHC 23 (4 April 2012)

Court

Western Cape High Court, Cape Town

Case number

2123/2010

Judge

Dlodlo

The court held that the applicants' resignations as trustees were not effective until proper written notice was given to the Master of the High Court, and in the absence of such notification, they remained trustees. The trust deed required a minimum of three trustees in office, and when this quorum was not met, the trust lacked capacity to contract. The Second Respondent, acting alone, did not have authority to bind the trust to the loan and mortgage transaction, and her actions were ultra vires the trust deed and void. The subsequent ratification by newly appointed trustees could not cure th…

Source excerpt

• Trust Property Control Act
• Trustee Resignation
• Joint Action Requirement
• Ultra Vires Transactions
• Ratification In Trust Law
• Rescission Of Judgment