Kruger v Mothapo and Another (82907/2014)
Kruger v Mothapo and Another (82907/2014) [2015] ZAGPPHC 984 (11 December 2015)
The court held that the applicant, as repayment administrator under the Banks Act, was entitled to recover and take possession of the first respondent's assets pursuant to the Registrar's directive, which is presumed valid until set aside. The application was properly brought ex parte and in camera due to the risk of asset dissipation. The respondents' points in limine regarding jurisdiction, itemization of claims, and prescription were rejected as misconceived and not supported by the Banks Act. The challenge to the Registrar's finding was not properly before the court and could only be addr…
Source excerpt
- Banks Act Enforcement
- Ex Parte Applications
- Rule Nisi Confirmation
- Administrative Decision Validity
- Costs Of Two Counsel