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South Africa Case Law

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Civil Procedure [2024] ZAWCHC 129

Adelakun N.O and Another v Worldpay LLC (3484/19 and 3485/19)

Adelakun N.O and Another v Worldpay LLC (3484/19 and 3485/19) [2024] ZAWCHC 129 (26 April 2024)

The court found that the applicants, including Mr. Adelakun, the Trust, Touch of Fame Group, and Touch of Energy Corporation, failed to establish any exceptional circumstances or bona fide defence that would justify rescission of the sequestration orders under section 149(2) of the Insolvency Act or Rule 42(1)(a). The applicants had fully participated in the original proceedings, were legally represented, and had unsuccessfully appealed the orders to the Supreme Court of Appeal and Constitutional Court. The alleged exoneration in foreign criminal proceedings was irrelevant to the civil standa…

  • Sequestration Orders
  • Rescission Application
  • Jurisdiction Challenge
  • Abuse Of Process
  • Creditor Claims
  • Company Representation
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Civil Procedure [2012] ZAFSHC 37

Solar Sectrum Trading 120 (Edms) Bpk h/a Cash Mania v Stamier and Another (A211/11)

Solar Sectrum Trading 120 (Edms) Bpk h/a Cash Mania v Stamier and Another (A211/11) [2012] ZAFSHC 37 (1 March 2012)

High Court appeal in a garnishee matter set aside an order requiring payment of commissions allegedly paid before service of the attachment order.

  • Garnishee Orders
  • Magistrates Court Act
  • Attachment Of Debt
  • Company Representation
  • Garnishee-orders
  • Attachment-of-debt
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Commercial And Corporate [2007] ZAWCHC 32

Victory Parade Trading 74 Proprietary t/a Agri-Best SA v Tropical Paradise 93 ProprietaryLimited t/a Vari Foods (13641/2006)

Victory Parade Trading 74 Proprietary t/a Agri-Best SA v Tropical Paradise 93 ProprietaryLimited t/a Vari Foods (13641/2006) [2007] ZAWCHC 32 (12 June 2007)

The court granted provisional winding up after finding the respondent unable to pay debts and rejecting its disputed-debt and counterclaim defences.

  • Provisional Winding Up
  • Commercial Insolvency
  • Creditor Rights
  • Company Representation
  • Statutory Demand
  • Provisional-winding-up
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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.