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Mlanda v Mhlaba and Others (EL382/2015; ECD782/2015) [2015] ZAECGHC 133

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Mlanda v Mhlaba and Others (EL382/2015; ECD782/2015) [2015] ZAECGHC 133

19th November 2015

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Applicant seeks an order in the following terms:

“1.  Declaring the last will and testament of Philomena Buyiswa Tupeni dated 5 November 2010 to be invalid and or no force and/or effect.

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2.    Declaring that she is the sole beneficiary of the intestate estate of the late Philomena Buyiswa Tupeni.

3.    Directing the Third Respondent to transfer erf [......], East London otherwise known as [......], Amalinda, East London into her name.”

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Applicant avers that she is the stepdaughter of the said Philomena Buyiswa Tupeni.  The application is opposed by the first respondent, who was a niece of the said Philomena Buyiswa Tupeni (hereafter referred to “the deceased”) and who is named in the said will as the sole beneficiary of the deceased’s estate.  For her part applicant avers that the said will of the deceased is invalid, that the deceased accordingly died intestate, and that she is the sole beneficiary of the deceased’s intestate estate.

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