Mpapane v Dlamini and Others (2397/2023) [2023] SZHC 619 (22 November 2023)

Case summary

Civil law - Civil Procedure - Application for interdict to conduct burial of deceased in the Republic of South Africa - Applicant and deceased married but estranged and living in separation after the deceased was deported from the Republic of South Africa to Eswatini during her lifetime - Divorce proceedings pending in South African Courts - Deceased died without a Will specifying where she wished to be buried, and the Applicant assuming a default position as a surviving spouse and claiming the right to bury her only vests with him as she died intestate - legal precedent and authorities referred to and discussed in such cases.


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