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South Africa Judgment

South Gauteng High Court, Johannesburg

Sanlam Life Insurance Limited v Mafetsa (085443/2023) [2023] ZAGPJHC 1445 (12 December 2023)

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Source document

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 Bekker

Lucas Mafetsa

Respondent

Amounts and remedies

  • Outstanding Quantum: ZAR 0

03

Procedural history

  1. Posture

    Urgent Application / Unopposed Motion; Reasons Requested by Respondent

04

Questions and positions

Legal issues

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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2023] ZAGPJHC 1445

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

Source wording is retained. Consult the source document for its original formatting and pagination.

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