South Africa Case Law

Nedbank v Trustees for the time being of The Mthunzi Mdwaba Family Trust and Others (7901/2017)

Nedbank v Trustees for the time being of The Mthunzi Mdwaba Family Trust and Others (7901/2017) [2019] ZAGPPHC 336 (9 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

7901/2017

Judge

Ramapuputla

The court held that the Mthunzi Mdwaba Family Trust is not a juristic person for the purposes of Rule 46A. The property, although registered in the name of the trust, is used as a primary residence by a trustee and his children, who are natural persons. Therefore, Rule 46A applies, and all procedural requirements, including service on all trustees and provision of information required by Rule 46A(5), must be met. The applicant failed to comply with these requirements, did not provide sufficient information regarding the reserve price, and did not exhaust remedies against movable property. The…

Source excerpt

• Mortgage Bond Execution
• Primary Residence Protection
• Rule 46a Procedure
• Trusts And Juristic Persons
• Constitutional Right To Housing

National Home Builders Registration Council v Andendorf NO and Others (1640/2015)

National Home Builders Registration Council v Andendorf NO and Others (1640/2015) [2018] ZALMPPHC 5 (14 February 2018)

Court

Limpopo High Court, Polokwane

Case number

1640/2015

Judge

G C Muller

The High Court held that a trust is not a “person” under the Housing Consumer Protection Measures Act and dismissed the NHBRC’s application with costs.

• Housing Consumer Protection Measures Act
• Definition Of Person
• Trusts And Juristic Persons
• Statutory Interpretation
• Statutory-interpretation
• Trust-law