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VAN NIEKERK v VAN NIEKERK & ORS 1999 (1) ZLR 421 (S)

1999 (1) ZLR p421

Citation

1999 (1) ZLR 421 (S)

Case No

Judgment No. S-47-99

Court

Supreme Court, Harare

Judge

McNally JA, Ebrahim JA, Sandura JA

Heard

18 January 1999

Judgment

24 May 1999

Counsel

J B Colegrave, for the appellant
A J Dyke, for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Administration of estates — Master of the High Court — review of decision by — correct procedure is to proceed by way of application, not by trial action

Administration of estates — Master of the High Court — review of decision by — locus standi of applicant — when applicant is a "person aggrieved" in terms of the legislation

Company law — corporate veil — lifting of — circumstances in which justifiable — allegation of fraud

Practice and procedure — motion proceedings — disputes of fact on the papers — approach to be taken by the court

Practice and procedure — locus standi — aggrieved person — who is — whether it is only party to dispute or includes other persons who are aggrieved

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