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Botha and Another v Mokasule and Others (M282/2020) [2022] ZANWHC 65 (15 September 2022)
The High Court confirmed the provisional sequestration of the Mokasule Investment Trust after finding acts of insolvency and authorising the trustees to litigate under section 73.
Oosthuizen v Steyn (238969/2019) [2020] ZAGPPHC 161; 2021 (4) SA 307 (GP) (14 May 2020)
The court found that the applicant's founding affidavit was not properly commissioned, as the commissioner of oaths used the incorrect gender pronoun, creating uncertainty as to whether the deponent appeared in person. The applicant, being an attorney, was expected to comply meticulously with procedural requirements and failed to provide an explanation for the irregularity. The court exercised its discretion not to condone the non-compliance, upholding the first point in limine. The second point in limine regarding service on employees was dismissed as a technical defence, following constitut…
Source excerpt
Ex parte: Dube and Another (14769/09) [2009] ZAKZDHC 64 (11 November 2009)
The court dismissed a voluntary surrender application, finding the creditor benefit marginal and the notice to the bondholder insufficient.
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