South Africa Case Law

Du Plessis v Majiedt N.O and Others (841/2023)

Du Plessis v Majiedt N.O and Others (841/2023) [2025] ZASCA 4; [2025] 2 All SA 16 (SCA); 2025 (4) SA 74 (SCA) (28 January 2025)

Court

Supreme Court of Appeal

Case number

841/2023

Judges

Dambuza, Molefe, Smith, Mjali, Naidoo

The appellant, having been provisionally sequestrated at the time of instituting the main application, was divested of his estate and lacked locus standi to litigate in his own name without the knowledge and consent of his provisional trustees. The discharge of the provisional sequestration order did not retrospectively restore his locus standi, as the Insolvency Act 24 of 1936 does not contain such a provision. The lease agreement was void and unenforceable due to non-compliance with the mortgage bond's requirement for written consent from FNB, and the trustees did not elect to continue the…

Source excerpt

• Locus Standi Of Insolvent
• Validity Of Lease
• Sale Of Insolvent Property
• Interdictory Relief
• Trustee Powers Under Insolvency Act

Lerospot (Edms) Bpk v Turner en 'n Ander (1789/2014)

Lerospot (Edms) Bpk v Turner en 'n Ander (1789/2014) [2015] ZANCHC 43 (26 June 2015)

Court

Northern Cape High Court, Kimberley

Case number

1789/2014

Judge

Olivier R

The court dismissed an eviction application, finding the applicant failed to prove the respondents’ occupation was unlawful and that the lease was invalid.

• Eviction
• Locus Standi
• Validity Of Lease
• Burden Of Proof
• Parol Evidence Rule
• Lease-validity