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South Africa decisions
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Sir Isaac Newton School NPO v Hoek Plein Properties (Pty) Ltd and Others (2021/10445) [2024] ZAGPJHC 1016 (8 October 2024)
The court dismissed an urgent application to lift attachment of an FNB bank account, finding the NPO had not proved it owned the account.
J.M v N.C (2023/00100) [2024] ZAGPJHC 762 (16 August 2024)
The court found that the respondent failed to provide credible evidence of domicile or residence in South Africa. Her assertions were unsupported, contradicted by her own communications, and lacked necessary detail regarding her employment, marital status, and family circumstances. The redacted visa did not substantiate her claim of temporary residence in the USA, and her failure to disclose relevant facts undermined her credibility. The applicant discharged the burden of proving that the respondent is not an incola of South Africa, and thus a peregrinus. The reconsideration application was d…
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Sheriff, Bloemfontein West v Majiedt N.O and Another (1935/2021) [2023] ZAFSHC 493 (21 December 2023)
In an interpleader dispute, the court held that the Trust failed to rebut the presumption that movables in the debtor’s possession belonged to him.
Meyer and Another v Van Der Riet (1656/2021) [2021] ZAFSHC 218 (13 September 2021)
The High Court issued a rule nisi and interim attachment to secure a debt under a notarial bond, but refused to authorize sale of the assets while no amount was due under the AOD.
Amathole District Municipality v Kepe Lodge CC (459/2019) [2020] ZAECGHC 59 (9 June 2020)
The High Court dismissed a municipality’s bid to recover movable assets from its lessor, finding disputable facts and a magistrates’ court attachment order.
Du Preez N.O and Others v Goudini Chrome (Pty) Ltd and Another (M297/2016) [2017] ZANWHC 126 (1 September 2017)
The High Court refused leave to appeal, finding the order was interim, not final, and that there were no reasonable prospects of success.
Sheriff, Johannesburg East v Vally; In re: Formeset Printers (Pty) Ltd v Vally (24163/2007) [2016] ZAGPJHC 63 (24 March 2016)
The court dismissed an interpleader claim and held that a close corporation member’s interest remained attachable because ownership changed only on CIPC registration.
South African Reserve Bank v Khumalo and Another (235/09) [2010] ZASCA 53; 2010 (5) SA 449 (SCA) ; [2011] 1 All SA 26 (SCA) (31 March 2010)
The Supreme Court of Appeal held that the omission of a time limit in Regulation 22C(1) does not render the regulation invalid. The empowering statute, section 9(2)(g) of the Currency and Exchanges Act, sets a statutory maximum period for attachment, which applies regardless of whether the regulation or the notice expressly states it. The regulations must be interpreted in light of the statute, and the attachment cannot endure beyond the statutory limit. The court found that the President was not required to reiterate the time limit in the regulations, and the absence of such a provision does…
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Georgia Avenue Investments 11 (Pty) Ltd v Koperfontein Meule (Pty) Ltd and Others (55263/2008) [2009] ZAGPPHC 273 (5 August 2009)
The court stayed execution of a default judgment and ordered release of attached assets pending a rescission application, finding good prospects of success and likely injustice.
Maigret (Pty) Ltd v Buys NO and Others (40331/2006) [2007] ZAGPHC 98 (14 June 2007)
The High Court struck the urgent application off the roll, finding Maigret (Pty) Ltd had not shown sufficient urgency to challenge or stay execution.
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