South Africa Case Law

Deceased Estate Late Zamokuhle Madaka v Summer Shuttle Services (Pty) Ltd and Others (1922/2024)

Deceased Estate Late Zamokuhle Madaka v Summer Shuttle Services (Pty) Ltd and Others (1922/2024) [2024] ZAECQBHC 61 (8 October 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1922/2024

Judge

N G Beshe

The court discharged the remaining rule nisi, found the first respondent had complied with the disclosure order, granted condonation for late filing, and awarded costs to the applicant.

• Interim Relief
• Rule Nisi
• Bank Account Freezing
• Payment Of Deceased Estate Funds
• Condonation Of Late Filing
• Rule-nisi

SB Ngento Attorneys v Mbiza obo Mbiza (082843/2024)

SB Ngento Attorneys v Mbiza obo Mbiza (082843/2024) [2024] ZAGPJHC 956 (20 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

082843/2024

Judge

Yacoob

The High Court struck an urgent reconsideration application from the roll, finding no urgency, no proper response to the ex parte papers, and no proof of hardship.

• Rule Nisi
• Urgent Interdict
• Bank Account Freezing
• Curatorship
• Costs Order
• Urgent-applications

Ndou and Another v Ayob and Another (2024/062334)

Ndou and Another v Ayob and Another (2024/062334) [2024] ZAGPJHC 652 (12 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/062334

Judge

C Todd

Urgent application to restore access to a frozen bank account was dismissed for misjoinder, lack of urgency, and available alternative remedies.

• Urgent Interdict
• Bank Account Freezing
• Joinder
• Alternative Remedy
• Small Claims Jurisdiction
• Urgent-application

Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203)

Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203) [2023] ZAGPJHC 203 (7 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-014203

Judge

Windell

The High Court dismissed an urgent application to unfreeze an insolvent applicant’s bank account, holding the trustees were entitled to take control without prior notice.

• Insolvency Act Application
• Trustee Powers
• Bank Account Freezing
• Urgent Interdict
• Sequestration Effects
• Insolvency

National Empowerment Fund v Elikwatinin Three Taxi Association Primary Co-operative Limited and Others (2346/2017)

National Empowerment Fund v Elikwatinin Three Taxi Association Primary Co-operative Limited and Others (2346/2017) [2017] ZAGPPHC 813 (20 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

2346/2017

Judge

M F Legodi

The court found that both parties failed to adhere to the terms of the loan agreement, specifically regarding joint signatories and the use of funds. The applicant did not make full disclosure of prior litigation and the circumstances leading to the ex parte order. The interim interdict, which froze the fourth respondent's bank account, had the effect of impeding its ability to trade and fulfil its contractual obligations, causing irreparable harm. The essence of interlocutory relief is to restore the status quo pending final determination of the parties' rights. The court held that the appli…

Source excerpt

• Interim Interdict
• Loan Agreement Breach
• Status Quo Restoration
• Urgent Application
• Bank Account Freezing

Bakubung ba Ratheo Traditional Community and Another v Gumbi N.O. and Others (UM48/2017)

Bakubung ba Ratheo Traditional Community and Another v Gumbi N.O. and Others (UM48/2017) [2017] ZANWHC 88 (8 December 2017)

Court

North West High Court, Mafikeng

Case number

UM48/2017

Judge

GUTTA

High Court interim relief preserved disputed Bakubung trust funds pending final determination, limited to the transferred amount and related accounts.

• Trust Funds Preservation
• Fiduciary Duties Of Trustees
• Urgent Interdict
• Traditional Leadership Removal
• Notarial Lease Payments
• Bank Account Freezing

Matukane and Associates (Pty) Ltd v Nkwashu and Another (30718/2017)

Matukane and Associates (Pty) Ltd v Nkwashu and Another (30718/2017) [2017] ZAGPPHC 171 (15 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

30718/2017

Judge

Prinsloo

The High Court granted urgent interim interdictory relief restraining alleged defamatory communications by a former director and ordered a bank to restore access to the applicant’s account.

• Interim Interdict
• Defamation
• Locus Standi
• Urgent Application
• Bank Account Freezing
• Interim-interdict

Pipe Makers (Pty) Ltd v Sash Consultants CC and Another (14185/08)

Pipe Makers (Pty) Ltd v Sash Consultants CC and Another (14185/08) [2009] ZAKZDHC 18 (5 June 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

14185/08

Judge

Sishi

The High Court confirmed an interdict preserving funds traced from fraudulently obtained cheques into a respondent’s bank account, and increased the preserved amount to the full traced sum.

• Interim Interdict
• Earmarked Funds
• Fraudulent Misappropriation
• Bank Account Freezing
• Interim-interdict
• Bank-account-freezing