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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 752

Shapiro v Wolpe (2024/060632)

Shapiro v Wolpe (2024/060632) [2025] ZAGPJHC 752 (30 July 2025)

The High Court granted provisional sequestration against Jonathan Wolpe, finding a prima facie unjust enrichment claim, insolvency indicators, and advantage to creditors.

  • Provisional Sequestration
  • Unjust Enrichment
  • National Credit Act Compliance
  • Advantage To Creditors
  • Acts Of Insolvency
  • Provisional-sequestration
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Civil Procedure [2025] ZAGPPHC 649

Body Corporate Acubens v Foforane (2022-015844)

Body Corporate Acubens v Foforane (2022-015844) [2025] ZAGPPHC 649 (25 June 2025)

The High Court confirmed the final sequestration of the respondent’s estate, finding acts of insolvency, a sufficient claim, and advantage to creditors.

  • Sequestration
  • Acts Of Insolvency
  • Advantage To Creditors
  • Nulla Bona Return
  • Default Judgment
  • Motion Proceedings
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Civil Procedure [2025] ZAGPJHC 415

SA Sportsbook (Pty) Limited t/a Yesplay v K.P and Another (2025/034789)

SA Sportsbook (Pty) Limited t/a Yesplay v K.P and Another (2025/034789) [2025] ZAGPJHC 415 (2 May 2025)

The court found that the respondents' alleged indebtedness to the applicant was disputed on bona fide and reasonable grounds, and the applicant's claim was unliquidated, requiring proof of quantum before liability could be established. The 'without prejudice' correspondence relied upon by the applicant did not contain unequivocal admissions of liability or insolvency and was therefore privileged and inadmissible. The respondents successfully demonstrated a complete defence to the sequestration application. Furthermore, the urgency claimed by the applicant was self-created due to its delay in…

  • Provisional Sequestration
  • Acts Of Insolvency
  • Without Prejudice Correspondence
  • Urgent Application
  • Liquidated Claim Requirement
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Civil Procedure [2025] ZAGPPHC 511

E.K v P.K (079672/2023)

E.K v P.K (079672/2023) [2025] ZAGPPHC 511 (15 March 2025)

The High Court granted final sequestration, finding the respondent insolvent, in default of judgment debts, and that sequestration could benefit creditors.

  • Final Sequestration
  • Acts Of Insolvency
  • Advantage To Creditors
  • Maintenance Enforcement
  • Final-sequestration
  • Acts-of-insolvency
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Civil Procedure [2025] ZAGPPHC 214

Body Corporate of Acubens v Foforane (015844/2022)

Body Corporate of Acubens v Foforane (015844/2022) [2025] ZAGPPHC 214 (3 March 2025)

The High Court granted provisional sequestration after finding a valid debt, acts of insolvency, and reason to believe sequestration would benefit creditors.

  • Provisional Sequestration
  • Acts Of Insolvency
  • Nulla Bona Return
  • Creditor Claim
  • Forced Sale Valuation
  • Provisional-sequestration
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Civil Procedure [2024] ZAGPPHC 1178

Aveng Africa (Pty) Ltd v Chiedza (2023/014909)

Aveng Africa (Pty) Ltd v Chiedza (2023/014909) [2024] ZAGPPHC 1178 (22 November 2024)

The court found that the respondent's liability as surety was not discharged by the sale of his shareholding in the principal debtor. The judgment debt was obtained against the respondent in his personal capacity and remains unchallenged. The respondent committed an act of insolvency by failing to satisfy the judgment debt and failing to indicate disposable property to the sheriff, resulting in a nulla bona return. The respondent's arguments regarding the transfer of liability and alleged solvency were rejected as legally unfounded and unsupported by the facts. The court held that the require…

  • Final Sequestration
  • Suretyship Liability
  • Acts Of Insolvency
  • Provisional Sequestration
  • Debt Recovery
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Civil Procedure [2024] ZAGPPHC 1014

Commissioner for the South African Revenue Services v Shabangu and Another (121282/2023; 121275/2023)

Commissioner for the South African Revenue Services v Shabangu and Another (121282/2023; 121275/2023) [2024] ZAGPPHC 1014 (15 October 2024)

The court found that SARS had established the existence of unsatisfied tax debts and acts of insolvency by both Mr. Shabangu and the Roux Shabangu Family Trust. The respondents' argument that SARS must exhaust all remedies under the Tax Administration Act before seeking sequestration was rejected, as the Act expressly empowers SARS to institute such proceedings. The existence of preservation orders did not preclude sequestration, especially given the respondents' disregard for those orders and their failure to disclose the source of funds supporting a lavish lifestyle. The court held that the…

  • Sequestration
  • Advantage To Creditors
  • Tax Debt Recovery
  • Preservation Order
  • Trust Assets
  • Acts Of Insolvency
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Civil Procedure [2024] ZAGPPHC 1382

Voltex (Pty) Ltd v Trustees for the Time Being of the Andre De Leeuw Familietrust NO and Others (2023/071111 ; 2023/074271)

Voltex (Pty) Ltd v Trustees for the Time Being of the Andre De Leeuw Familietrust NO and Others (2023/071111 ; 2023/074271) [2024] ZAGPPHC 1382 (11 October 2024)

The High Court provisionally sequestrated the Andre De Leeuw Familietrust and the joint estate of the De Leeuw spouses, finding prima facie insolvency and creditor advantage.

  • Provisional Sequestration
  • Advantage To Creditors
  • Acts Of Insolvency
  • Suretyship Liability
  • Judgment Enforcement
  • Provisional-sequestration
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Civil Procedure [2024] ZAGPJHC 808

Shackleton Credit Management (Pty) Ltd v Baloyi (2023/043172)

Shackleton Credit Management (Pty) Ltd v Baloyi (2023/043172) [2024] ZAGPJHC 808 (19 August 2024)

The High Court granted provisional sequestration after a nulla bona return and unpaid judgment debt, finding a prima facie act of insolvency and likely benefit to creditors.

  • Insolvency Act
  • Provisional Sequestration
  • Advantage To Creditors
  • Acts Of Insolvency
  • Provisional-sequestration
  • Insolvency-act
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Civil Procedure [2024] ZAGPPHC 872

Stanger N.O v Liebman (24227/2021)

Stanger N.O v Liebman (24227/2021) [2024] ZAGPPHC 872 (14 August 2024)

The High Court dismissed a creditor’s sequestration application, finding unsubstantiated claims of insolvency and no adequate proof that sequestration would benefit creditors.

  • Sequestration
  • Acts Of Insolvency
  • Advantage To Creditors
  • Commissioning Of Affidavits
  • Advantage-to-creditors
  • Insolvency-act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.