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VAN HEERDEN AJ The agreement, dated 9 September 2005, in which the property situated at 152 First Avenue, Bezuidenhout Valley, Johannesburg was purportedly sold to the fourth and/or fifth respondents in the Pretoria High Court is declared to be of no force and effect.

The first, second and third respondents jointly and severally, the one complying the other to be absolved, are directed to return the items on X2, as amended by the Pretoria High Court, to the applicant within seven days of the date of this order.

The first respondent is removed from his office as executor of the estate of the late Henry Harrison Brooks and the administration of this estate is suspended pending the appointment of a new executor by the Master of the High Court, Pretoria.

The fifth respondent is ordered to pay the applicant’s and the first respondent’s costs in this Court and in the Pretoria High Court, including the costs of two counsel in the case of the applicant where applicable.

Langa CJ, Moseneke DCJ, Kondile AJ, Madala J, Mokgoro J, O’Regan J, Sachs J, Van der Westhuizen J and Yacoob J concur in the judgment of Van Heerden AJ.