Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Jordaan and Another v Le Roux and Others (070088/23) [2025] ZAGPPHC 651 (20 June 2025)
The High Court confirmed the provisional sequestration of the first respondent, finding acts of insolvency and reason to believe creditors may benefit.
Body Corporate Chateaux Marie v Shumba (044880/23) [2025] ZAGPPHC 644 (9 June 2025)
The High Court confirmed a provisional sequestration order against a body corporate debtor, finding acts of insolvency and an advantage to creditors.
Astra Constantine Inc v Jones and Another (25801/2024) [2025] ZAWCHC 238 (3 June 2025)
The High Court granted provisional sequestration after finding a liquidated claim, an act of insolvency, and a reasonable prospect of benefit to creditors.
Genfin (Pty) Ltd v Milne and Another (2023/114416) [2025] ZAGPJHC 419 (22 April 2025)
The High Court granted provisional sequestration of the respondents’ joint estate, finding acts of insolvency and that sequestration would benefit creditors.
Tower Property Fund Limited v Burgczak (5663/24P) [2025] ZAKZPHC 61 (3 April 2025)
The High Court dismissed condonation for a late answering affidavit and granted a provisional sequestration order after finding an act of insolvency under section 8(b).
Lewis N.O v Van De Souza and Others (2023/052830) [2025] ZAGPJHC 25; - (17 January 2025)
The court held that the appellant, as liquidator, was vested with broad and unfettered powers to institute legal proceedings on behalf of the joint estate, including sequestration of the Ludan Trust. The attempted distribution of trust assets by resolution constituted an act of insolvency under section 8(c) of the Insolvency Act, as it was intended to prejudice creditors. The requirements for provisional sequestration were satisfied: an act of insolvency was committed, the trust was factually insolvent, and there was a reasonable prospect of advantage to creditors. The court found the reasoni…
Source excerpt
Small Enterprise Finance Agency SOC Ltd v Notley (2927/2024) [2024] ZAFSHC 357 (14 November 2024)
The High Court granted final sequestration, finding jurisdiction in Bloemfontein, an act of insolvency, and a reasonable prospect of advantage to creditors.
Fairview Golf Estate Home Owners' Association v Feng (7745/2024) [2024] ZAWCHC 339; [2025] 1 All SA 331 (WCC) (29 October 2024)
The Court found that the HOA had established its authority to institute proceedings through valid Board resolutions, and Mr Grimson was properly authorised. The respondent’s interlocutory application under Rule 7(1) was dismissed as it sought documents beyond the scope of the Rule and failed to raise a direct challenge to the Board’s resolutions. The Court held that service of the founding papers was sufficient, as Mr Feng received and understood the documents and suffered no prejudice. The Deputy Sheriff’s return was accepted as prima facie evidence of an act of insolvency under section 8(b)…
Source excerpt
Education and Training Unit NPC v Mwanandimai (38645/2022) [2024] ZAGPPHC 1102 (28 October 2024)
The applicant established a prima facie liquidated claim exceeding R100.00 against the respondent, based on evidence of misappropriation and admissions in correspondence. The respondent's payment of the AoD debt did not discharge liability for additional verified theft, as the AoD was not in full and final settlement. The respondent's offers to pay substantial amounts in instalments over several years, and his failure to positively assert solvency or disclose asset values, constitute acts of insolvency under section 8(g). The admissions in 'without prejudice' letters are admissible for the pu…
Source excerpt
Majiedt N.O and Another v Dippenaar N.O and Others (3815/2022) [2024] ZAECMKHC 117 (24 October 2024)
The High Court granted final sequestration of the MD Trust, holding that the applicants had authority, a liquidated claim, and proof of insolvency and creditor advantage.
Explore more
