South Africa Case Law

Van Loggenberg NO v Jones and Others (2022/19225)

Van Loggenberg NO v Jones and Others (2022/19225) [2023] ZAGPJHC 317 (3 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/19225

Judge

RM Keightley

The court found that the executrix, duly appointed and not removed, had locus standi to bring the eviction application. The first respondent failed to establish any valid legal defence to eviction, as her claims regarding a universal partnership and the existence of a later will were vague, unsupported by evidence, and not properly before the court. The respondent's continued occupation was unlawful and detrimental to the estate, and her appropriation of estate assets without authority further justified the executrix's need for possession. The respondent did not demonstrate that eviction woul…

Source excerpt

• Unlawful Occupation
• Eviction Under Pie Act
• Section 26 Right To Housing
• Universal Partnership Claim
• Locus Standi Of Executrix
• Balancing Property And Housing Rights

C.D v J.H.D (10025/21)

C.D v J.H.D (10025/21) [2022] ZAGPPHC 456 (27 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

10025/21

Judge

WJ Du Plessis

The court found that the applicant's dismissal from employment at the respondent's company constituted a material change in circumstances, as she was previously denied maintenance on the basis of her employment and salary. The applicant demonstrated a genuine need for maintenance, having exhausted her financial resources and being unable to secure alternative employment. The respondent's financial position, including his assets and ability to make loans, indicated that he could afford the maintenance sought. The court accepted that the applicant's maintenance claim included reasonable expense…

Source excerpt

• Maintenance Pendente Lite
• Variation Of Interim Order
• Adult Dependent Children
• Universal Partnership Claim
• Rule 43 Procedure

None v Tshabalala (15549/2011)

None v Tshabalala (15549/2011) [2013] ZAGPJHC 100 (3 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

15549/2011

Judge

PM Mojapelo

The High Court held that the applicant’s civil marriage subsisted, invalidated the respondent’s later customary marriage, and confirmed the applicant’s executrix powers.

• Customary Marriage Validity
• Universal Partnership Claim
• Administration Of Estates
• Ejectment
• Letters Of Executorship
• Interdict