Sanlam Life Insurance Limited v Mafetsa (085443/2023) [2023] ZAGPJHC 1445 (12 December 2023)
- Citation
- [2023] ZAGPJHC 1445
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- N Manoim
- Case number
- 085443/2023
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- N Manoim
- Case number
- 085443/2023
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Sanlam Life Insurance Limited
Applicant Counsel: CJ BekkerLucas Mafetsa
RespondentAmounts and remedies
- Outstanding Quantum: ZAR 0
03
Procedural history
Posture
Urgent Application / Unopposed Motion; Reasons Requested by Respondent
04
Questions and positions
Legal issues
- 01
Whether the applicant is entitled to an order attaching the respondent's right, title and interest in his bank accounts.
- 02
Whether the attachment order should be limited to the sum outstanding rather than all bank accounts.
Party arguments
- Applicant
- The applicant sought an order for the attachment of the respondent's right, title and interest in all his bank accounts, based on the facts set out in the founding affidavit. No opposing papers were filed by the respondent.
- Respondent
- The respondent did not file a notice to oppose or an answering affidavit. However, he requested reasons for the judgment.
05
Court’s reasoning
Legal principles
- 01
Court's own reasoning; no opposing facts presented
An attachment order should be limited to the quantum outstanding and not extend to all bank accounts indiscriminately.
06
Ratio, limits and disposition
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.
Obiter and limits
- Where an application is unopposed and no answering affidavit is filed, the court is entitled to decide the matter on the founding papers alone.
- Even in unopposed matters, the court may amend the draft order to ensure it is appropriately limited to the relief justified by the facts.
Court disposition
Application granted; order for attachment of respondent's bank accounts limited to the sum outstanding.
- 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.
Source and reliance status
South Gauteng High Court, Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Judgment
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
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