South Africa Case Law

First Rand Bank Limited v Basson N.O and Another (A23/106542)

First Rand Bank Limited v Basson N.O and Another (A23/106542) [2024] ZAGPJHC 1250 (29 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A23/106542

Judges

Twala, Mahosi, Raubenheimer

The court found that there was a material dispute of fact regarding the valuation of the Trust's assets, specifically the immovable and movable properties. The expert affidavits submitted by both parties were at odds, with significant differences in the estimated values. These disputes could not be resolved on the papers in motion proceedings. The court held that the appellant failed to establish factual insolvency of the Trust on the available evidence. As the central issue of factual insolvency could not be determined without oral evidence, the appeal was dismissed. The court did not consid…

Source excerpt

• Sequestration Proceedings
• Factual Insolvency
• Valuation Disputes
• Advantage Of Creditors

Direro v Van Bruggen and Another (18882/2022)

Direro v Van Bruggen and Another (18882/2022) [2023] ZAGPPHC 1935 (10 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

18882/2022

Judge

Manamela

Provisional sequestration was refused because the applicant failed to prove a subsisting debt, factual insolvency, or advantage to creditors.

• Provisional Sequestration
• Act Of Insolvency
• Trust Account Liability
• Cybercrime Loss
• Onus Of Proof
• Advantage Of Creditors

Roolal N.O v Mphephu N.O and Another (2020/20343)

Roolal N.O v Mphephu N.O and Another (2020/20343) [2023] ZAGPJHC 761 (5 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/20343

Judge

Molahlehi

The High Court granted provisional sequestration of Dzata Trust, rejecting the trustees’ denial of the bank account and dismissing their late supplementary affidavit and counter-application.

• Provisional Sequestration
• Insolvency Act
• Credit Facility Dispute
• Prima Facie Debt
• Advantage Of Creditors
• Provisional-sequestration

Nedbank Limited v Katompa and Another (29675/2020)

Nedbank Limited v Katompa and Another (29675/2020) [2021] ZAGPPHC 812 (5 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

29675/2020

Judge

N.P. Mali

The High Court confirmed final sequestration of the respondents’ joint estate after a nulla bona return and rejected their language-barrier and solvency objections.

• Final Sequestration
• Act Of Insolvency
• Advantage Of Creditors
• Suretyship
• Nulla Bona Return
• Final-sequestration

Seevnarayan v Ramjathan (38751/2019)

Seevnarayan v Ramjathan (38751/2019) [2021] ZAGPJHC 611 (22 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

38751/2019

Judge

Franck

The High Court granted final sequestration after finding a valid claim, an act of insolvency, and a reasonable prospect that creditors would benefit.

• Final Sequestration
• Advantage Of Creditors
• Insolvency Act Section 12
• Act Of Insolvency
• Costs Of Opposition
• Final-sequestration

Nedbank Limited v Mnisi (31005/2019)

Nedbank Limited v Mnisi (31005/2019) [2020] ZAGPPHC 559 (14 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

31005/2019

Judge

Sardiwalla

The High Court granted Nedbank a final sequestration order against Mr Mnisi after finding a proved debt, insolvency, and advantage to creditors.

• Final Sequestration
• Insolvency Act Section 12
• Judgment Debt
• Onus Of Proof
• Advantage Of Creditors
• Final-sequestration

Nedbank Limited v Mnisi (31005/2019)

Nedbank Limited v Mnisi (31005/2019) [2020] ZAGPPHC 594 (14 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

31005/2019

Judge

Sardiwalla

The High Court granted Nedbank final sequestration of the respondent’s estate after finding the debt admitted, insolvency proved, and no special circumstances shown.

• Final Sequestration
• Insolvency Act Section 12
• Judgment Debt
• Onus Of Proof
• Advantage Of Creditors
• Final-sequestration

Informed Accounting & Brokerage Services (Pty) Ltd v Taurus Holdings CC (25483/2018)

Informed Accounting & Brokerage Services (Pty) Ltd v Taurus Holdings CC (25483/2018) [2019] ZAGPJHC 318 (22 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

25483/2018

Judge

Twala M L

The High Court dismissed an opposed winding-up application, finding no basis to show liquidation would benefit creditors and holding that statutory employee service requirements were not met.

• Winding Up Of Companies
• Advantage Of Creditors
• Service On Employees
• Abuse Of Process
• Winding-up-of-companies
• Advantage-of-creditors

VBS Mutual Bank (In Liquidation) v Ramavhunga and Others (2018/25062; 2018/25057)

VBS Mutual Bank (In Liquidation) v Ramavhunga and Others (2018/25062; 2018/25057) [2018] ZAGPJHC 516 (3 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2018/25062; 2018/25057

Judge

M P Tsoka

The High Court granted provisional sequestration orders against two VBS executives and a third respondent, finding prima facie proof of fraud, insolvency, and creditor benefit.

• Provisional Sequestration
• Insolvency Act Section 10
• Fraudulent Conduct
• Advantage Of Creditors
• Admissibility Of Hearsay Evidence
• Provisional-sequestration

Botha v Botha (2406/2017)

Botha v Botha (2406/2017) [2017] ZAFSHC 143 (15 June 2017)

Court

Free State High Court, Bloemfontein

Case number

2406/2017

Judge

J.J.F. Hefer

The High Court dismissed a father’s renewed sequestration application against his son, finding the evidence remained inadequate and sequestration would not benefit creditors.

• Sequestration
• Advantage Of Creditors
• Res Judicata
• Valuation Of Assets
• Res-judicata
• Advantage-of-creditors