South Africa Case Law

Baphalaborwa Projects CC v T and L Civil Electrical Contractors CC and Others (45610/2018)

Baphalaborwa Projects CC v T and L Civil Electrical Contractors CC and Others (45610/2018) [2024] ZAGPJHC 630 (8 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

45610/2018

Judge

K Strydom

The court found that the application for leave to appeal had not lapsed and, in terms of section 18(1) of the Superior Courts Act, execution was barred. The attachment of the applicant's bank account was procedurally irregular as the sheriff failed to take possession of the document evidencing ownership and did not give written notice to the applicant, as required by Rule 45(8). The writ was improperly limited to the bank account without affording the applicant an opportunity to point out other assets. The respondent's reliance on Rule 45(12)(a) was misplaced, as the requirements for garnishe…

Source excerpt

• Stay Of Execution
• Attachment Of Bank Account
• Leave To Appeal
• Rule 45 Uniform Rules
• Attorney Own Client Costs

A and O Imports and Exports (Pty) Limited t/a Moreschi and Others v Liberty Group Limited and Others (4380/2021)

A and O Imports and Exports (Pty) Limited t/a Moreschi and Others v Liberty Group Limited and Others (4380/2021) [2023] ZAGPJHC 1456 (13 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

4380/2021

Judge

T Van Der Walt

The High Court dismissed an urgent bid to stop attachment of bank funds, finding the appeal had lapsed and section 18 of the Superior Courts Act did not apply.

• Final Interdict
• Writ Of Execution
• Suspension Of Judgment Pending Appeal
• Section 18 Superior Courts Act
• Attachment Of Bank Account
• Final-interdict

Jumbo Rebuilds CC v Swart and Others (82452/2015)

Jumbo Rebuilds CC v Swart and Others (82452/2015) [2021] ZAGPPHC 685 (24 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

82452/2015

Judge

MJ Mosopa

An urgent application to challenge a writ and unfreeze a bank account was struck off for lack of urgency and non-joinder, but the court ordered the account unfrozen.

• Urgent Interdict
• Writ Of Execution
• Joinder Of Parties
• Attachment Of Bank Account
• Urgent-application
• Rule-6-12

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (72470/2018)

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (72470/2018) [2020] ZAGPPHC 327 (9 April 2020)

Court

North Gauteng High Court, Pretoria

Case number

72470/2018

Judge

F W Botes

The High Court granted leave to appeal against an order dismissing the matter, finding that several novel issues raised reasonable prospects of success on appeal.

• Leave To Appeal
• Copyright Infringement
• Interest A Tempore Morae
• Compound Interest
• Promotion Of Administrative Justice Act
• Attachment Of Bank Account