3
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 2022-16889
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1. Reportable: No 2. Of interest to other judges: No 3. Revised
Wright J 17 October 2023
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In the matter between:
SIMPHIWE TLOTLO SEDISE 1ST APPLICANT
ESTATE LATE JEREMIAH SIHAWU MAPHOSA 2ND APPLICANT
(Represented by Simphiwe Tlotlo Sedise in his capacity
As the Master’s Representative in the estate of the late
Jeremiah Sihawu Maphosa)
NJABULO RORISANG SEDISE 3RD APPLICANT
And
NATASHA SIPHELELE MAPHOSA 1ST RESPONDENT
ZANELE MARIA KUBEKA 2ND RESPONDENT
STANDARD BANK OF SOUTH AFRICA 3RD RESPONDENT
THE MASTER OF THE HIGH COURT, JOHANNESBURG 4TH RESPONDENT
JUDGMENT
WRIGHT J
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The applicants seek effectively a declaration that the will of the deceased be declared invalid and that he died intestate. Related relief is sought. Allegations of forgery and fraud are made against the relevant respondents. The answering affidavits deny the allegations and raise huge disputes of fact which can’t be decided on paper.
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When the matter was called, neither the applicants nor any lawyer appeared.
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Counsel for the first and second respondents appeared and sought the dismissal of the application with costs on a punitive scale. In my view, these costs are fair in the circumstances.
ORDER
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The application is dismissed.
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The first and third applicants are jointly and severally to pay the costs of the first and second respondents on the attorney and client scale.
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GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD : 17 October 2023
DELIVERED : 17 October 2023
APPEARANCES :
APPLICANTS No appearance
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