Burger N.O. and Others v Bester N.O. and Others

Case Number:
CCT 246/20
Case Number:
CCT 160/20
Citations:
[2021] ZACC 48
Judge:
Mhlantla J
Judgment Date:
13 December 2021
Case History:
On appeal from the High Court of South Africa, Western Cape Division, Cape Town
Synopsis:
Power of a single trustee to conclude loan agreement on trust’s behalf — use of trust to channel funds to company — factual disputes — no arguable point of law — misdirection on the facts — jurisdiction not engaged Requirements to bind a trust — powers of trustee provided for by trust deed — settled principle of law — jurisdiction not engaged
Judgment:
Full judgment

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