South Africa Case Law

Swanepoel v Depuy International Limited (20758/2013)

Swanepoel v Depuy International Limited (20758/2013) [2025] ZAWCHC 9 (21 January 2025)

Court

Western Cape High Court, Cape Town

Case number

20758/2013

Judge

Wille

The court found that the defendant, through its conduct in implementing the recall of the defective hip replacement system in South Africa, appointing local agents and attorneys, and accepting service of summons locally, submitted to the jurisdiction of the Western Cape High Court. The action has a real and substantial connection to the forum, as the alleged delict occurred within its territorial jurisdiction and the harm manifested locally. The court held that the attachment of property to found or confirm jurisdiction is no longer an absolute requirement where the summons was served locally…

Source excerpt

• Jurisdiction Over Foreign Defendant
• Submission To Jurisdiction
• Product Liability
• Attachment Of Property
• Development Of Common Law

Bela-Bela Local Municipality v Dikala Plant Hire CC and Others (031630/2023)

Bela-Bela Local Municipality v Dikala Plant Hire CC and Others (031630/2023) [2024] ZAGPPHC 1183 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

031630/2023

Judge

E van der Schyff

The High Court set aside warrants of execution and a notice of attachment after finding the matter was not moot, and ordered each party to pay its own costs.

• Warrant Of Execution
• Attachment Of Property
• Costs Order
• Mootness
• Warrant-of-execution
• Attachment-of-property

Maboka v Raymico and Another (J 1490/23)

Maboka v Raymico and Another (J 1490/23) [2023] ZALCJHB 331 (16 November 2023)

Court

Labour Court Johannesburg

Case number

J 1490/23

Judge

Norton

The Labour Court held that a vehicle registered to a company director in his personal capacity could not be attached to satisfy a CCMA award against the company.

• Execution Of Awards
• Ownership Of Assets
• Attachment Of Property
• Execution-of-awards
• Attachment-of-property
• Company-assets

Van Der Westhuizen v Van Der Hoven (48677/16; 8676/2022)

Van Der Westhuizen v Van Der Hoven (48677/16; 8676/2022) [2023] ZAGPPHC 1124 (6 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

48677/16; 8676/2022

Judge

Francis-Subbiah

The High Court rescinded a default judgment, accepted the applicant’s excuse for default, and dismissed related sequestration and attachment relief.

• Rescission Of Default Judgment
• Bona Fide Defence
• Wilful Default
• Sequestration
• Attachment Of Property
• Rescission-of-default-judgment

Money Global (Pty) Ltd t/a Aviation Sales International; Cassim N.O and Another v Coetzee WPN N.O and Others (2022-018324)

Money Global (Pty) Ltd t/a Aviation Sales International; Cassim N.O and Another v Coetzee WPN N.O and Others (2022-018324) [2022] ZAGPPHC 729 (30 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

2022-018324

Judge

van der Westhuizen

The High Court set aside ex parte orders affecting a Huey helicopter, granted Money Global leave to intervene, and ordered the attachment uplifted.

• Urgent Interdict
• Ownership Dispute
• Leave To Intervene
• Attachment Of Property
• Collusive Disposition
• Liquidation Proceedings

Industrial Development Corporation of South Africa Limited v Calab Developers (PTY) Ltd and Others (16/2021)

Industrial Development Corporation of South Africa Limited v Calab Developers (PTY) Ltd and Others (16/2021) [2022] ZAECELLC 11 (31 May 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

16/2021

Judge

B Hartle

The court refused an urgent interim interdict to stop transfer of two vehicles sold in execution, finding the applicant failed to use proper interpleader procedures.

• Interim Interdict
• Sale In Execution
• Special Notarial Bond
• Interpleader Proceedings
• Attachment Of Property
• Interim-interdict

D.B v Zeda Car Leasing (Pty) Ltd and Others (15857/2018)

D.B v Zeda Car Leasing (Pty) Ltd and Others (15857/2018) [2021] ZAGPPHC 649 (30 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

15857/2018

Judge

N.P. Mali

The High Court dismissed an application to release attached movables, holding that a divorce settlement could not defeat third-party creditor rights.

• Joinder Of Parties
• Attachment Of Property
• Community Of Property
• Divorce Settlement
• Execution Against Property
• Attachment-of-property

Kleinhans v Minister of Police and Others (89563/19)

Kleinhans v Minister of Police and Others (89563/19) [2020] ZAGPPHC 153 (29 January 2020)

Court

North Gauteng High Court, Pretoria

Case number

89563/19

Judge

N.M. Mavundla

Urgent application dismissed where the applicant sought police attachment of movable assets allegedly sold to third parties; the court found alternative remedies and no basis for the relief.

• Urgent Interdict
• Attachment Of Property
• Criminal Procedure Act
• Spoliation
• Rei Vindicatio
• Urgent-interdict

Council for Geoscience v Nkuna and Others (J2235/17)

Council for Geoscience v Nkuna and Others (J2235/17) [2017] ZALCJHB 331 (15 September 2017)

Court

Labour Court Johannesburg

Case number

J2235/17

Judge

Whitcher

The Labour Court set aside a notice of attachment because the capital amount claimed was incorrect and the award was not served on the relevant treasury.

• Writ Of Execution
• State Liability Act
• Judgment Debt
• Attachment Of Property
• Notice-of-attachment
• Writ-of-execution

Nedbank Limited v Antoniou (1150/2000)

Nedbank Limited v Antoniou (1150/2000) [2017] ZAECPEHC 34 (22 June 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1150/2000

Judge

N G Beshe

The High Court granted Nedbank leave to execute against Juliana Antoniou’s immovable property after prior movable execution failed and no valid basis for postponement was shown.

• Writ Of Execution
• Suretyship
• Attachment Of Property
• Writ-of-execution
• Immovable-property-execution
• Civil-procedure