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  • Ex Parte James 1947 (2) PH M42 (TPD)

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    muhammad patel
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    This document summarizes a court case where a petitioner sought to have the death of Jack James presumed so that a life insurance policy could be paid out. The insurance company opposed the petition. Witnesses testified that they had seen Jack James using an assumed name after he went missing. The petitioner's counsel acknowledged they did not have enough evidence to make an order presuming death. The court declined to postpone the case further and ordered the petitioner to pay the insurance company's legal costs.

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    This document summarizes a court case where a petitioner sought to have the death of Jack James presumed so that a life insurance policy could be paid out. The insurance company opposed the petition. Witnesses testified that they had seen Jack James using an assumed name after he went missing. The petitioner's counsel acknowledged they did not have enough evidence to make an order presuming death. The court declined to postpone the case further and ordered the petitioner to pay the insurance company's legal costs.

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    © All Rights Reserved
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    8 views2 pages

    Ex Parte James 1947 (2) PH M42 (TPD)

    Uploaded by

    muhammad patel
    This document summarizes a court case where a petitioner sought to have the death of Jack James presumed so that a life insurance policy could be paid out. The insurance company opposed the petition. Witnesses testified that they had seen Jack James using an assumed name after he went missing. The petitioner's counsel acknowledged they did not have enough evidence to make an order presuming death. The court declined to postpone the case further and ordered the petitioner to pay the insurance company's legal costs.

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    © All Rights Reserved
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    of 2

    t

    3o Augusr, re47. 5;.13i'Ji)


    MISCELLANEOUS
    . s7
    JUDGMENTS.
    EX PARTE JAMES
    ' M.42
    T.P.D., j[day L, 1947. Before price, J.
    ' MISCELLANEOUS.
    JUDGMENTS-Applicarion to presume
    death-Opposition on return d"t"-blrrid"r." th"t'p"..orr,
    *'hose death Court was asked to presume, in financi'al diffi_
    culties at the date of his disappeirance-Evidence that he
    had joined naval forces under-in assumed name_Evidence
    that he had been seen by seven persons, some of whom
    identified him from_ photograph-Appfitation for post-
    ponement to make further investigations_postponeirent
    undesirable-No order-petirioner io pry costs 6f opposi-
    tion.
    This was an application to presume the death of one
    -
    James.
    Jack

    The matter was provisionally before the Court in 1939 and was
    postponed sine die. On 13th March, 1941 , the application was
    renewed, and a rule issued calling upon all persons io show cause
    why an order should not be -ade presrrming the death of Jack
    James as having occurred on 23rd 1une, tllS, Jnd ordlring tfoitt"
    amount of a life policy taken out by him with the soutfr African
    Mutual Insurance society and ceded to applicant (his mother) ritouia
    be paid to applicant. In rerms of the oi8er, service was efrected on
    the Society ail_ts ofices in Pretoria,and published in a Johannesburg
    newspaper. The Society appeared to oppose the application.
    , Applicant alleged that o1 23rd June, 1938, her son, Jack James,
    rvho was in Durban, went for a bathe and did not ieiurn.- The
    coast had been searched by aeroplane, but no trace was found of him
    acd he had not been heard of sinte.

    . F.gq the opposing affidavits, it appeared that Jack James hacl


    embezzled certain money from his employers and, when he dis-
    appeared, also owed money to a stockbr;ke;. After the date of his
    disappearance he joined the S.A.N.F. under the name of
    John Boall.
    Seven- persons made affidavits saying that, since his disJppearance,
    Jack James had been seen by eac'h oT them. One of tt i"pon."t.
    said that he actually spoke to him and he acknowledged "that'he was
    Jack James. Others said that when they saw him h"e behaved in a
    suspicious manner. Three of them, among them the commander of
    the.unit which he- joined, said they knew lim by the name of John
    Boall and they identified him from a very clear photograpli ptrt
    before the Court.
    Counsel for the petitioner admitted that the Court could not.
    on the papers,- make-in order presuming the ae"tt oi;acf Jh;;;.
    but he asked for a further oppbrtunity -to make investigations and
    that the mdtter be postponed for six months, so that he Jould renew
    the application if he discovered more facts.
    Held:
    In the circumstances, it was undesirable to postpone the appii.
    cation in the hope that the petitioner might be ible^to obtain m'ore
    information.
    P.H. re47 (2)
    98 Section M. 30 August, 1947
    MISCELLANEOUS JUDGMENTS.

    Ordered:
    No order. Petitioner to pay the costs of opposition incurred
    by the South African Mutual Insurance Society.
    For applicant: W. J. Smith, instructed by Niemeyer, Steyn &
    Metelerkamp.
    For respondent: Q. de Wet, K.C., instructed by Rooth U
    Wessels.

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