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South Africa decisions
Decisions matching the current search
Zulu v Mathe and Others (2751/2021P 2752/2021P) [2022] ZAKZPHC 6 (2 February 2022)
The High Court dismissed a wife’s declaratory claim and a coronation challenge, but suspended execution of King Goodwill Zwelithini’s will pending trial.
Malisekele v Cheela and Others (2015/35630) [2016] ZAGPJHC 83 (4 May 2016)
The application is dismissed because there are material factual disputes incapable of resolution on the papers, particularly regarding the authenticity of the executor appointment and the Will, as well as the familial relationship between the parties. The applicant should have foreseen these disputes and not proceeded by way of motion proceedings. Furthermore, the property has since been transferred to a third party, who was not joined to the proceedings, rendering the relief sought unenforceable. No order as to costs is made due to the exceptional circumstances and the public function of the…
Source excerpt
Jasat v Jazzbhai and Others (9788/10) [2012] ZAKZPHC 4 (6 February 2012)
The court found material disputes of fact about a will’s timing and possession in an executor-removal dispute, and adjourned the matter for oral evidence.
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