Mohale v Office of the Chiefmaster and another
| Jurisdiction | http://justis.com/jurisdiction/166,South Africa |
| Judge | Kubushi J |
| Judgment Date | 15 September 2023 |
| Citation | 2023 JDR 3542 (GP) |
| Hearing Date | 15 September 2023 |
| Docket Number | 21462/2020 |
| Court | Gauteng Division, Pretoria |
Kubushi J:
2023 JDR 3542 p2
Kubushi J
The Applicant, Kgapane Mohale (“Mr Mohale”), appeared in person before me in the Unopposed Motion Court, arguing an interlocutory application. The interlocutory application, according to Mr Mohale, emanated from an application relating to the estate of his late father, that was previously adjudicated upon by Vivian AJ in the Opposed Motion Court (“the main application”).
The precise relief Mr Mohale sought in the main application was couched in the following terms:
the applicant prays the Court will issue a mandamus to the Office of the Chief Master, to immediately instruct the Polokwane Master of the High Court to issue K Mohale the letter of executorship for the estate 7924/2010 within two (2) days.
the applicant prays the Court will issue a mandamus to the Office of the Chief Master, to immediately instruct the Polokwane Master of the High Court to surrender within two (2) days the complete file of the estate, including but not limited to:
copies of all the work done by previous executors and their agents appointed to this estate, and the manner in which they were removed from executorship.
Full bank statements and relevant correspondences by an executor or agent acting on behalf of a previous executor. and that the accompanying affidavit of Kgapane Mohale will be used in support thereof.”
2023 JDR 3542 p3
Kubushi J
Two Respondents were cited in the main application, namely, the Office of the Chief Master and the Master of the High Court, Polokwane.
In opposition to the main application, the Respondents took a point in limine relating to the non-joinder of the other heirs and the person who they contended was appointed as the executor of the estate.
In addition, when the parties appeared before Vivian AJ, he, mero motu, expressed concern as to whether the matter was properly before that Court.
Having considered arguments of all the parties on these two issues, Vivian AJ, amongst others, made an order that the matter be removed to the Limpopo Division of the High Court in terms of Section 27 (1) (b) of the Superior Courts Act (Act 10 of 2013), and that the heirs and the person appointed as the executor of the estate be joined as the third to thirteenth Respondents.
Aggrieved by the judgment and order of Vivian AJ, Mr Mohale applied for leave to appeal the said judgment and order, which...
To continue reading
Request your trial