Rogerson v Rogerson [1911] ZAWLD 23 (23 June 1911)

Executors - Actions.- Death of testator after Litis Contestatio - Order for Costs without joining Executors

Where an order had been granted calling upon a husband to return to his wife before a certain date or to show cause on a subsequent date why a decree of divorce, with costs, should not be granted against him; and he had died after the former, but before the latter, date.

Held, that, as no order for costs existed at the date of the husband's death, and his executors had not been joined, no order for costs could be made on the return day.