Marcus W. Rance v Obert Vundhla

Key Issues

• {"issue_text":"Whether the opposing affidavit deposed to by Zazinhle Tshuma under power of attorney is admissible despite lack of personal knowledge","issue_type":"procedural","dispositive":"no","related_facts":"Zazinhle Tshuma deposed to opposing affidavit under power of attorney without personal knowledge"}
• {"issue_text":"Whether the application under Rule 449 must specify which sub-rule is being relied upon","issue_type":"procedural","dispositive":"no","related_facts":"Applicant relied on Rule 449(1)(a) generally"}
• {"issue_text":"Whether the application was brought within reasonable time","issue_type":"procedural","dispositive":"no","related_facts":"Application filed approximately 11 years after original judgment"}
• {"issue_text":"Whether the applicant has locus standi to bring the application as a beneficiary of an unregistered estate","issue_type":"procedural","dispositive":"no","related_facts":"Estate never registered, applicant is biological son"}
• {"issue_text":"Whether Rule 248 requiring service on Master applies to unregistered estates","issue_type":"procedural","dispositive":"no","related_facts":"Estate was never registered"}

Background