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South Africa decisions
Decisions matching the current search
Engen Petroleum Limited v Don Kissoon Group (D60/23) [2024] ZAKZDHC 73 (17 October 2024)
The High Court granted provisional winding up of Don Kissoon Group after finding Engen was a creditor and the debt was not genuinely disputed.
Roolal N.O v Mphephu N.O and Another (2020/20343) [2023] ZAGPJHC 761 (5 July 2023)
The High Court granted provisional sequestration of Dzata Trust, rejecting the trustees’ denial of the bank account and dismissing their late supplementary affidavit and counter-application.
Dapaah v Dumansi Trading CC (4205/2017) [2023] ZAFSHC 162 (26 April 2023)
The court rescinded a default judgment against a surety, finding good cause, a reasonable explanation for default, and a prima facie defence.
Body Corporate of Candice Glades v Derrocks Attorneys and Another (2021 / 4629) [2022] ZAGPJHC 382 (6 June 2022)
The court found that the respondent was indebted to the applicant and failed to pay the amounts due under the overdraft and loan agreements. The respondent's defences regarding alleged overcharging and entitlement to unit trust proceeds were rejected as unfounded. The business rescue application did not suspend the liquidation proceedings because the statutory requirements for notification and service to all affected persons, including major creditors, were not met. The court held that strict compliance with section 131(6) of the Companies Act is required to trigger suspension, and in this ca…
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Weir Minerals Africa (Pty) Ltd v Mining Pressure Systems (Pty) Ltd (2011/33978) [2013] ZAGPJHC 199 (24 June 2013)
The High Court referred a disputed claim for the balance of a commercial debt to trial, finding that disputed facts about the agreements could not be resolved on affidavit.
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