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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] ZAGPPHC 644

Body Corporate Chateaux Marie v Shumba (044880/23)

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.

  • Final Sequestration
  • Act Of Insolvency
  • Advantage To Creditors
  • Sectional Title Schemes Management
  • Substituted Service
  • Final-sequestration
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Banking And Finance [2025] ZAWCHC 238

Astra Constantine Inc v Jones and Another (25801/2024)

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.

  • Sequestration
  • Advantage To Creditors
  • Liquidated Claim
  • Act Of Insolvency
  • Preferential Payments
  • Impeachable Dispositions
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Banking And Finance [2025] ZAGPJHC 617

Firstrand Bank Limited v Nel (022940/2022)

Firstrand Bank Limited v Nel (022940/2022) [2025] ZAGPJHC 617 (13 May 2025)

The High Court granted provisional sequestration, finding a reasonable prospect of benefit to creditors despite the respondent’s claim of hopeless insolvency.

  • Sequestration
  • Advantage To Creditors
  • Suretyship Liability
  • Insolvency Act Section 12
  • Disposition Of Assets
  • Advantage-to-creditors
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Civil Procedure [2025] ZAGPJHC 419

Genfin (Pty) Ltd v Milne and Another (2023/114416)

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.

  • Sequestration
  • Act Of Insolvency
  • Suretyship
  • Guarantee
  • Electronic Signature
  • Advantage To Creditors
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Land And Property [2025] ZAGPPHC 286

Slabbert (099263/2024), Ex parte

Slabbert (099263/2024), Ex parte [2025] ZAGPPHC 286; [2025] 3 All SA 264 (GP) (20 March 2025)

Court refused three voluntary surrender applications for failing full disclosure and reliable valuation requirements under the Insolvency Act.

  • Voluntary Surrender
  • Advantage To Creditors
  • Full Disclosure Of Assets
  • Insolvency Act Section 82 6
  • Creditor Oriented Proceedings
  • Voluntary-surrender
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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] ZAGPJHC 274

All Phone Solutions (Pty) Ltd and Another v Goldblatt (2022/049298)

All Phone Solutions (Pty) Ltd and Another v Goldblatt (2022/049298) [2025] ZAGPJHC 274 (13 March 2025)

The High Court confirmed a provisional sequestration order against Bradley Goldblatt, rejecting challenges to authority, locus standi, and the true debtor.

  • Sequestration
  • Locus Standi
  • Authority Of Attorneys
  • Fraudulent Misrepresentation
  • Advantage To Creditors
  • Locus-standi
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Banking And Finance [2025] ZAFSHC 66

Van Niekerk and Du Plessis and Another (5983/2024; 28/2025)

Van Niekerk and Du Plessis and Another (5983/2024; 28/2025) [2025] ZAFSHC 66 (27 February 2025)

High Court dismissed two voluntary surrender applications, finding the papers mirrored each other, fee calculations were unrealistic, and creditors were not shown to benefit.

  • Voluntary Surrender
  • Advantage To Creditors
  • Abuse Of Insolvency Process
  • National Credit Act Procedure
  • Trustee Fees Calculation
  • Voluntary-surrender
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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.