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CSL2601 Exam pack 2024(Questions and answers )

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  • May 5, 2024
  • 40
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

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By: mmilly320 • 6 months ago

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By: gabrielmusyoka940 • 6 months ago

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CSL2601 EXAM
PACK 2024

QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com

,EXAM PACK 2024

QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com

,SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this
document in compliance with the law and SAFLII Policy




THE REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
[REPORTABLE]
Case No:4366/2016


Before the Hon. Ms Justice Slingers


Hearing: 3 June 2020
Judgment Delivered: 24 June 2020


In the matter between:


AJ Applicant


and


JJ First Respondent
J J N.O.
in his capacity as Trustee for the time being of the
Tafika Trust Second Respondent
CHRISTEL SADLER N.O. in her capacity as
Trustee for the time being of the Tafika Trust Third Respondent
THE MASTER OF THE HIGH COURT,
WESTERN CAPE DIVISION Fourth Respondent
L C ABELHEIM LIMITED
(in his capacity as the Mauritian Trustee of the
Tafika Trust, Mauritius) Fifth Respondent

, 2

______________________________________________________________________

JUDGMENT
______________________________________________________________________
SLINGERS J

INTRODUCTION

[1] On 6 December 1980 the applicant and the first respondent were married to each

other, out of community of property and the marriage still subsists. On 14 March

2016 the applicant instituted divorce proceedings wherein she pleaded inter alia

that the assets of The Tafika Trust registered with the Master of the High Court

under IT number 5317/2007 (“the Tafika trust”) and the Tafika Trust Mauritius,

(herein after collectively referred to as “the trusts”) are beneficially owned and

controlled by the first respondent, do not constitute assets owned by the trusts

and form part of the first respondent’s estate. Furthermore, the applicant pleads

that the trusts are the alter ego of the first respondent who abused the trust’s

form by utilising the trusts as vehicles to accumulate personal wealth.


[2] In pleading to the particulars of claim, the first respondent admits that he

financed the acquisition of certain assets of the trusts, caused the growth in value

of certain of the assets of the trusts and assisted in the maintenance and running

costs of certain of the assets of the trusts. The first respondent denies that the

trusts were beneficially owned and controlled by him or that they form part of his

estate. Furthermore, the first respondent denies that he was utilising the trusts

as vehicles to accumulate personal wealth.


[3] It is evident from the pleadings in the divorce action that the disputed issues

include whether or not it would be just and equitable for the first respondent to be

directed, in terms of section 7(3) of the Divorce Act 70 of 1979, as amended

(“the Divorce Act”), to transfer to and in favour of the applicant an amount

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