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Tankard v Old Mutual Wealth (2024/096858) [2024] ZAGPJHC 911 (10 September 2024)

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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

 

CASE NO: 2024/096858

1. Reportable

2. Of interest to other judges:

3. Revised:

10 September 2024

 

In the matter between:

 

ROSANN MAUREEN TANKARD

Applicant


and



OLD MUTUAL WEALTH

Respondent


JUDGMENT

 

WRIGHT J

 

1.  The alleged applicant lost her husband ten years ago, allegedly.

 

2.  She was allegedly appointed executrix in his deceased estate about three months ago.

 

3.  The applicant seeks urgently orders that the respondent disclose to her details of all policies held by her husband and she seeks payment of the proceeds.

 

4.  She says, vaguely, that she needs the money otherwise she will be homeless.

 

5.  No detail of her financial position is set out or her alleged inability to get other accommodation.

 

6.  The answering affidavit raises a number of defences, including a defence that the wrong respondent has been cited, which I need not deal with as urgency is not proved.

 

ORDER

 

Struck off, costs reserved. -

 

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

 

HEARD

DELIVERED

:10 September 2024

:10 September 2024


APPEARANCES:



Applicant

Att. Mr A.S Marais

laurencemelatoinc@gmail.com

016 421 1215/6

Instructed by

Lawrence Melato Inc Attorneys

Lawrencemelatoinc@gmail.com

016 421 1329

Respondent

Adv LM Spiller

spiller@counsel.co.za

079 873 7397

Instructed by

Walker Inc

amienh@walkers.law

012 464 1400