South Africa Case Law

Koutroulis and Another v ABSA Bank Limited and Another (2025-121587)

Koutroulis and Another v ABSA Bank Limited and Another (2025-121587) [2025] ZAGPPHC 765 (31 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-121587

Judge

E van der Schyff

The court found that the attachment of Mr. Koutroulis's Nedbank account was incomplete and invalid because notice of attachment was not given to all interested parties as required by Rule 45(8)(c)(i)(a). Rule 45(12) does not dispense with the notice requirement, and the two rules operate in tandem. The Sheriff’s own return confirmed that satisfaction of the writ had not been demanded from the judgment debtor. The court relied on Riordan v First National Bank Limited and others, which held that irregular attachments without proper notice must be set aside. Furthermore, the summons was not effe…

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• Attachment Of Bank Accounts
• Writ Of Execution
• Urgent Interdict
• Rescission Of Judgment
• Service Of Process

Sanlam Life Insurance Limited v Mafetsa (085443/2023)

Sanlam Life Insurance Limited v Mafetsa (085443/2023) [2023] ZAGPJHC 1445 (12 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

085443/2023

Judge

N Manoim

In an unopposed application, the High Court granted attachment of the respondent’s bank-account interests, but limited the order to the outstanding quantum.

• Attachment Of Bank Accounts
• Enforcement Of Judgment
• Unopposed Application
• Attachment-of-bank-accounts
• Enforcement-of-judgment
• Unopposed-application

House Of Tandoor Entertainment and Others v Tuhf Urban Finance (RF) Ltd and Others (2023/102660)

House Of Tandoor Entertainment and Others v Tuhf Urban Finance (RF) Ltd and Others (2023/102660) [2023] ZAGPJHC 1202 (23 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/102660

Judge

Moorcroft

The court found that the applicants were not entitled to a stay of execution as their appeal had lapsed and they had perempted their right to appeal by settling costs. The attachment of bank accounts was lawful and followed due process under Rule 45(8). The application for interlocutory relief was deemed frivolous given the history and timelines. The third applicant was found to be in contempt of court for wilfully breaching the interdict order by collecting rent in defiance of the court's instructions, and ignorance of the law was not accepted as an excuse, particularly as the applicant was…

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• Stay Of Execution
• Contempt Of Court
• Mortgage Bond Enforcement
• Interdict
• Attachment Of Bank Accounts

Mafube Local Municipality v Municipal Workers' Retirement Fund and Others (2672/2021)

Mafube Local Municipality v Municipal Workers' Retirement Fund and Others (2672/2021) [2023] ZAFSHC 136 (2 May 2023)

Court

Free State High Court, Bloemfontein

Case number

2672/2021

Judge

Cronjé, AJ

The Municipality failed to meet the jurisdictional requirements for a stay of execution under section 153 of the MFMA, as no approved financial recovery plan exists and no substantive steps have been taken by the Provincial Government or its appointed agent. The Municipality has a history of non-payment and delay, and its claims of urgency and harm are unsupported by financial evidence. The statutory framework does not protect municipal bank accounts from attachment, and the Municipality’s conduct constitutes a criminal offence under the Pension Funds Act. The application for a stay is dismis…

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• Stay Of Execution
• Municipal Finance Management Act
• Pension Funds Act
• Attachment Of Bank Accounts
• Statutory Obligations
• Criminal Liability For Non Payment

Mathibe v Faku and Others (41861/2020)

Mathibe v Faku and Others (41861/2020) [2021] ZAGPJHC 787 (8 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

41861/2020

Judge

E Molahlehi

The High Court dismissed an application for leave to appeal, holding that the applicants showed no reasonable prospects of success and that any error was immaterial.

• Leave To Appeal
• Writ Of Execution
• Attachment Of Bank Accounts
• Rule 45 Interpretation
• Costs Order
• Leave-to-appeal

Malao Inc v Investec Bank Limited and Others (60617/2020)

Malao Inc v Investec Bank Limited and Others (60617/2020) [2021] ZAGPPHC 20 (6 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

60617/2020

Judge

Basson

The application for leave to appeal was dismissed as the orders challenged were either interlocutory and not appealable, or were made in the proper exercise of judicial discretion. The court found that the truncated timeframes imposed by the applicant for filing answering affidavits were unreasonable and prejudicial, and that the respondents were entitled to have their affidavits admitted. The applicant failed to disclose a cause of action against the City of Johannesburg, as no debtor-creditor relationship existed, and the attachment of the City's bank accounts was unlawful. The absence of a…

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• Punitive Costs
• Abuse Of Process
• Attachment Of Bank Accounts
• Urgent Application Procedure
• Judicial Discretion

Muza v Moving Ads South Africa (PTY) Ltd (J 2512/18)

Muza v Moving Ads South Africa (PTY) Ltd (J 2512/18) [2019] ZALCJHB 380 (27 August 2019)

Court

Labour Court Johannesburg

Case number

J 2512/18

Judge

GUSH

The Labour Court granted leave to attach the respondent’s bank accounts to enforce compliance with a prior court order and taxed costs.

• Enforcement Of Labour Court Orders
• Attachment Of Bank Accounts
• Taxed Costs
• Enforcement-of-labour-court-orders
• Attachment-of-bank-accounts
• Taxed-costs

Williams v Bashumi Investment Holdings (Pty) Ltd and Another (19701/16)

Williams v Bashumi Investment Holdings (Pty) Ltd and Another (19701/16) [2016] ZAGPJHC 406 (23 June 2016)

Court

South Gauteng High Court, Johannesburg

Case number

19701/16

Judge

P L Carstensen

The court dismissed an urgent application to attach bank accounts, set aside the writ of execution, and stayed execution pending a rescission application.

• Writ Of Execution
• Attachment Of Bank Accounts
• Stay Of Execution
• Rescission Of Judgment
• Writ-of-execution
• Attachment-of-bank-accounts