South Africa Case Law

UMK Property Developers (Pty) Ltd v Rabie and Another (083931/2024)

UMK Property Developers (Pty) Ltd v Rabie and Another (083931/2024) [2025] ZAGPPHC 567 (9 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

083931/2024

Judge

Minnaar

The Court found that the first respondent had multiple opportunities to oppose the sequestration application or to apply for rescission of the default judgment but failed to act with the required urgency or seriousness. The request for postponement was not supported by a satisfactory explanation, and the purported rescission application was not properly issued. The Court held that a rescission application does not suspend execution of an order unless a specific application for suspension is made. The interests of justice did not warrant further indulgence to the first respondent, and the appl…

Source excerpt

• Final Sequestration
• Postponement Of Hearing
• Rescission Of Judgment
• Default Judgment
• Rule Nisi
• Costs In Sequestration

K2015353138 South Africa Pty Limited v Kgomotso Motsoane and Another (2020/19564)

K2015353138 South Africa Pty Limited v Kgomotso Motsoane and Another (2020/19564) [2024] ZAGPJHC 690; 2024 (6) SA 528 (GJ) (26 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19564

Judge

B C Wanless

The court found that the applicant had placed before it sufficient facts and documentary evidence to satisfy the requirement that sequestration would be to the advantage of creditors. The respondents failed to disclose their assets, liabilities, or income, and did not provide evidence to counter the applicant's case. The payments made by the respondents did not discharge the debt, nor did the fact that the application was brought by a single creditor constitute an abuse of process. The court held that the requirements of section 12 of the Insolvency Act were met and exercised its discretion t…

Source excerpt

• Insolvency Act Section 12
• Advantage To Creditors
• Onus And Evidentiary Burden
• Abuse Of Process
• Hostile Sequestration
• Costs In Sequestration

Industrial Development Corporation v Bell and Others (971/2016)

Industrial Development Corporation v Bell and Others (971/2016) [2016] ZAFSHC 112 (12 May 2016)

Court

Free State High Court, Bloemfontein

Case number

971/2016

Judge

Mocumie

The High Court granted the IDC leave to intervene in sequestration proceedings, held the matter urgent, and extended the provisional sequestration order.

• Intervention In Proceedings
• Urgent Application
• Locus Standi
• Sequestration
• Costs In Sequestration
• Intervention-in-proceedings