Du Toit NO v Thomas NO and Others (635/15)
Du Toit NO v Thomas NO and Others (635/15) [2016] ZASCA 94 (1 June 2016)
The Supreme Court of Appeal held that the executor, having participated fully in the maintenance proceedings and not objected to jurisdiction at the hearing, was precluded from later challenging the maintenance court's jurisdiction. The court relied on established common law principles that a party who acquiesces and joins issue without raising jurisdictional objections is deemed to have waived such objections. The maintenance court had jurisdiction over the maintenance claim against the executor, and the executor's subsequent technical challenge was rejected. The executor's conduct was found…
Source excerpt
- Maintenance Of Minors
- Jurisdiction Of Maintenance Court
- Executor Liability
- Waiver Of Jurisdiction
- Costs De Bonis Propriis