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Du Toit NO v Thomas NO and Others (635/15) [2016] ZASCA 94

The Supreme Court of Appeals gave an order in this case that the executor in a deceased estate must pay the costs of the appeal from his own pocket, due to what the court referred to as his “… unconscionable stance …” in the matter.

On appeal from a judgement of the Western Cape High Court.  The executor in a deceased estate raised lack of jurisdiction of the court of first instance, the Magistrate of Riversdale sitting as a Maintenance Court, for the first time on appeal to the Western Cape High Court.  This court ruled against him.  The matter deals with a claim for maintenance against a deceased estate by the parent of a minor child on behalf of that child.    He applied for and received leave to appeal to the Supreme Court of Appeals (SCA).  The SCA took a dim view of the fact that the executor did not raise this in the Maintenance Court already, and found that the appeal must fail as a result of that.  Due to the executor’s general behaviour and “… unconscionable stance …”, the SCA gave a cost order de bonis propriis against the executor, meaning that he is to pay the costs of the appeal from his own pocket.

Click here for the judgement of the Western Cape High Court.

Click here for the judgement of the Supreme Court of Appeals.

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