Malatji v Ledwaba NO and Others (1136/2019) [2021] ZASCA 29 (30 March 2021)

Citation
Malatji v Ledwaba NO and Others (1136/2019) [2021] ZASCA 29 (30 March 2021)
Media Neutral Citation
[2021] ZASCA 29
Hearing date
18 February 2021
Court
Supreme Court of Appeal of South Africa
Case number
1136/2019
Judges
Eksteen AJA, Saldulker JA, Mbha JA, Mbatha JA, Gorven AJA
Judgment date
30 March 2021
Language
English
Type
Judgment
Media summary
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Flynote

Election of trustees by beneficiaries of community trust –
interpretation of court order and trust deed – beneficiaries ‘present at such
meeting’ mean physically present – beneficiaries having no common law right to
vote by proxy in election – proper interpretation of the trust deed does not include
proxies – waiver and estoppel must be pleaded – evidence held to be insufficient
to establish either waiver or estoppel

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