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South Africa Case Law

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Civil Procedure [2017] ZAGPPHC 98

Gray v Firstrand Bank (1436/12)

Gray v Firstrand Bank (1436/12) [2017] ZAGPPHC 98 (27 March 2017)

The High Court dismissed an application for costs after withdrawal of the main matter, finding the applicant was not the successful party.

  • Withdrawal Of Application
  • Costs Award
  • Mortgage Bond
  • Breach Of Loan Agreement
  • Debt Review
  • National Credit Act
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Banking And Finance [2014] ZAKZPHC 17

Absa Bank Limited v Shabalala N.O. and Others (9734/12)

Absa Bank Limited v Shabalala N.O. and Others (9734/12) [2014] ZAKZPHC 17 (19 March 2014)

The High Court found ABSA proved breach of a mortgage loan agreement and ordered judgment for the outstanding debt, interest, costs, and special executability of the secured property.

  • Mortgage Bond Enforcement
  • Breach Of Loan Agreement
  • Special Executability
  • Trust Liability
  • Mortgage-bond-enforcement
  • Breach-of-loan-agreement
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Civil Procedure [2013] ZAGPPHC 361

Industrial Development Corporation of South Africa Limited v Van Niekerk and Another (42726/13)

Industrial Development Corporation of South Africa Limited v Van Niekerk and Another (42726/13) [2013] ZAGPPHC 361 (28 November 2013)

The High Court granted provisional sequestration of spouses’ joint estate, finding prima facie insolvency and a reasonable prospect that investigation could uncover recoverable assets.

  • Provisional Sequestration
  • Suretyship
  • Misappropriation Of Assets
  • Advantage To Creditors
  • Breach Of Loan Agreement
  • Provisional-sequestration
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.