South Africa Case Law

Lewis N.O v Van De Souza and Others (2023/052830)

Lewis N.O v Van De Souza and Others (2023/052830) [2025] ZAGPJHC 25; - (17 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/052830

Judges

FHD Van Oosten, L Modiba, DHL Booysen

The court held that the appellant, as liquidator, was vested with broad and unfettered powers to institute legal proceedings on behalf of the joint estate, including sequestration of the Ludan Trust. The attempted distribution of trust assets by resolution constituted an act of insolvency under section 8(c) of the Insolvency Act, as it was intended to prejudice creditors. The requirements for provisional sequestration were satisfied: an act of insolvency was committed, the trust was factually insolvent, and there was a reasonable prospect of advantage to creditors. The court found the reasoni…

Source excerpt

• Sequestration Of Trust
• Act Of Insolvency
• Creditor Advantage
• Locus Standi
• Insolvency Act Section 8c

Majiedt N.O and Another v Dippenaar N.O and Others (3815/2022)

Majiedt N.O and Another v Dippenaar N.O and Others (3815/2022) [2024] ZAECMKHC 117 (24 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3815/2022

Judge

T.V. Norman

The High Court granted final sequestration of the MD Trust, holding that the applicants had authority, a liquidated claim, and proof of insolvency and creditor advantage.

• Final Sequestration
• Liquidated Claim
• Trustee Authority
• Act Of Insolvency
• Creditor Advantage
• Final-sequestration

Lourens N.O and Another v De Cerff N.O and Others (18727/2024)

Lourens N.O and Another v De Cerff N.O and Others (18727/2024) [2024] ZAWCHC 326 (22 October 2024)

Court

Western Cape High Court, Cape Town

Case number

18727/2024

Judge

A Bhoopchand

The High Court provisionally sequestrated the ADC Family Trust, finding a liquidated claim, factual insolvency, and that sequestration would benefit creditors.

• Provisional Sequestration
• Liquidated Claim
• Trust Insolvency
• Creditor Advantage
• Urgent Interdict
• Provisional-sequestration

Garnnett-Adams Properties (Pty) Ltd v Thomas (029983/2023)

Garnnett-Adams Properties (Pty) Ltd v Thomas (029983/2023) [2024] ZAGPJHC 534 (4 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

029983/2023

Judge

WJ du Plessis

The High Court allowed a respondent’s late supplementary affidavit in a sequestration matter because it was material to creditor advantage and caused no undue prejudice.

• Sequestration Proceedings
• Leave To File Further Affidavit
• Creditor Advantage
• Mortgage Bond Liability
• Costs Order
• Sequestration-proceedings

AR v HR (3565/2018)

AR v HR (3565/2018) [2020] ZAECPEHC 10 (19 May 2020)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3565/2018

Judge

M Makaula

The High Court confirmed final sequestration against an ex-husband’s estate for unpaid child maintenance after finding a valid debt, insolvency, and asset disposition.

• Final Sequestration
• Maintenance Arrears
• Acts Of Insolvency
• Disposition Of Assets
• Trust Funds
• Creditor Advantage

Body Corporate Of Calswald Crest v Mbatha (94948/2015)

Body Corporate Of Calswald Crest v Mbatha (94948/2015) [2019] ZAGPPHC 39 (22 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

94948/2015

Judge

M J Mosopa

The High Court confirmed final sequestration of a respondent owing sectional-title levies, finding a valid claim, an act of insolvency, and creditor advantage.

• Final Sequestration
• Acts Of Insolvency
• Sectional Titles Act
• Creditor Advantage
• Nulla Bona Return
• Final-sequestration

Standard Bank of South Africa Limited v Gouws; Standard Bank of South Africa Limited v Gouws (2015/28608; 28607/2015)

Standard Bank of South Africa Limited v Gouws; Standard Bank of South Africa Limited v Gouws (2015/28608; 28607/2015) [2018] ZAGPJHC 98 (28 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2015/28608; 28607/2015

Judge

Mokose AJ

The High Court granted final sequestration orders against both respondents after finding the Insolvency Act requirements were met and no special circumstances justified refusal.

• Final Sequestration
• Insolvency Act Section 12
• Creditor Advantage
• Judicial Discretion
• Final-sequestration
• Insolvency-act-section-12

Standard Bank of South Africa Limited v McCrae (2015/17903)

Standard Bank of South Africa Limited v McCrae (2015/17903) [2017] ZAGPJHC 402 (30 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2015/17903

Judge

Fisher

The respondent, as surety and co-principal debtor, failed to pay the agreed settlement amount and made an offer to settle for less than the total debt, which constitutes an act of insolvency under section 8(e) of the Insolvency Act. The respondent's claims of solvency are unsupported by credible evidence, and his inability to pay even the compromised debt is compelling evidence of insolvency. The court finds that the requirements for provisional sequestration are met: a substantial claim exists, an act of insolvency has been committed, and sequestration will be to the advantage of creditors b…

Source excerpt

• Suretyship Liability
• Provisional Sequestration
• Act Of Insolvency
• Settlement Agreement
• Creditor Advantage

Maree and Another v Bobroff and Another (2016/32219)

Maree and Another v Bobroff and Another (2016/32219) [2017] ZAGPJHC 116 (7 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/32219

Judge

Theron AJ

The court found that there was a sufficiently substantial coincidence of interests between the respondents to justify their joinder in the sequestration application. The applicants established a prima facie claim for provisional sequestration, showing that the respondents are jointly and severally liable for debts arising from settlement agreements made orders of court, by operation of section 19(3) of the Companies Act and section 23 of the Attorneys Act. The respondents' departure from South Africa, liquidation of assets, and absence were found to be acts of insolvency under section 8(a) of…

Source excerpt

• Provisional Sequestration
• Personal Liability Company
• Act Of Insolvency
• Creditor Advantage
• Joinder Of Debtors

Senwes Limited v Kruger N.O. and Others (Afrikaanse Protestantse Kerk (Hoopstad) Intervening) (3688/2015)

Senwes Limited v Kruger N.O. and Others (Afrikaanse Protestantse Kerk (Hoopstad) Intervening) (3688/2015) [2016] ZAFSHC 63 (11 February 2016)

Court

Free State High Court, Bloemfontein

Case number

3688/2015

Judge

Ploos van Amstel

The High Court granted final sequestration of the Erfpacht Boerdery Trust, finding acts of insolvency and that sequestration would benefit creditors.

• Insolvency Act
• Acts Of Insolvency
• Locus Standi
• Creditor Advantage
• Trust Liability
• Sequestration