Sanlam Life Insurance Limited v Mafetsa (085443/2023) [2023] ZAGPJHC 1445 (12 December 2023)
The court granted the application for attachment of the respondent's right, title and interest in his bank accounts, but limited the order to the sum outstanding rather than all bank accounts. The decision was based solely on the facts presented in the founding affidavit, as there was no opposition or alternative...
Source-derived case information.
- Citation
- [2023] ZAGPJHC 1445
- Parties
- Applicant: Sanlam Life Insurance Limited; Respondent: Lucas Mafetsa
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 085443/2023
- Procedural Posture
- Urgent Application / Unopposed Motion; Reasons Requested by Respondent
- Outcome
- Application granted; order for attachment of respondent's bank accounts limited to the sum outstanding.
- Judges
- N Manoim
- Legal Topics
- Attachment of Bank Accounts, Enforcement of Judgment, Unopposed Application
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sanlam Life Insurance Limited
Applicant
Lucas Mafetsa
Respondent
Procedural Posture
Urgent Application / Unopposed Motion; Reasons Requested by Respondent
Legal Issues
- 1 Whether the applicant is entitled to an order attaching the respondent's right, title and interest in his bank accounts.
- 2 Whether the attachment order should be limited to the sum outstanding rather than all bank accounts.
Ratio Decidendi
The court granted the application for attachment of the respondent's right, title and interest in his bank accounts, but limited the order to the sum outstanding rather than all bank accounts. The decision was based solely on the facts presented in the founding affidavit, as there was no opposition or alternative facts before the court. The draft order was amended accordingly before being signed.
Court Disposition
Application granted; order for attachment of respondent's bank accounts limited to the sum outstanding.
Orders
- The respondent's right, title and interest in his bank accounts is attached, limited to the quantum outstanding as set out in the founding affidavit.
Full Case Text
Judgment text and source record
24 paragraphs
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: 085443/2023
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
NOT REVISED
12/12/23
In the matter between:
SANLAM LIFE INSURANCE LIMITED Applicant And LUCAS MAFETSA (IDENTITY NUMBER:[…]) Respondent
REASONS
MANOIM J:
[1] This matter was heard by me on the unopposed roll. Despite not being opposed by the respondent he has asked for me to give reasons. There was no notice to oppose or answering affidavit filed by the respondent. There was thus on the papers no LIS between the parties and hence no need for me to give reasons. Nevertheless I explain briefly as follows.
[2] The case was decided on the basis of the facts set out in the founding affidavit. I had no facts before me to suggest I should consider making any other finding.
The application was for the attachment of the respondent’s right, title and interest in his bank accounts. The attachment order sought was for all bank accounts and not limited to the outstanding quantum. The only issue I took up with counsel was to limit the order of attachment to the sum outstanding. This counsel duly did, and the order I signed thus differs from the draft that appears on CaseLines. A copy of the signed order is attached and it will be downloaded on to caselines.
N. MANOIM
JUDGE OF THE HIGH COURT
GAUTENG DIVISION
JOHNANNESBURG
Date of Reasons: 12 December 2023
Appearances:
Counsel for the Applicant: CJ Bekker
Instructed by: Hadar Inc