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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 214

Body Corporate of Acubens v Foforane (015844/2022)

Body Corporate of Acubens v Foforane (015844/2022) [2025] ZAGPPHC 214 (3 March 2025)

The High Court granted provisional sequestration after finding a valid debt, acts of insolvency, and reason to believe sequestration would benefit creditors.

  • Provisional Sequestration
  • Acts Of Insolvency
  • Nulla Bona Return
  • Creditor Claim
  • Forced Sale Valuation
  • Provisional-sequestration
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Commercial And Corporate [2025] ZAGPPHC 182

Khumalo Engineering (Pty) Ltd v Step Up Engineering (Pty) Ltd (075138-2023)

Khumalo Engineering (Pty) Ltd v Step Up Engineering (Pty) Ltd (075138-2023) [2025] ZAGPPHC 182 (27 February 2025)

The High Court granted provisional liquidation against Step Up Engineering after finding that Khumalo Engineering had established an unpaid debt and no bona fide dispute.

  • Company Liquidation
  • Creditor Claim
  • Settlement Agreement
  • Section 345 Notice
  • Breach Of Contract
  • Company-liquidation
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Civil Procedure [2024] ZAGPPHC 479

Nedbank Ltd v Masiza (072949-2023)

Nedbank Ltd v Masiza (072949-2023) [2024] ZAGPPHC 479 (15 May 2024)

The High Court granted provisional sequestration after finding Nedbank had proved its claim, the respondent was factually insolvent, and creditors might benefit.

  • Provisional Sequestration
  • Creditor Claim
  • Factual Insolvency
  • Advantage To Creditors
  • Certificate Of Balance
  • Provisional-sequestration
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Commercial And Corporate [2024] ZAGPJHC 16

Kiszkurno v Sail Holdings (Pty) Limited (2022-057556)

Kiszkurno v Sail Holdings (Pty) Limited (2022-057556) [2024] ZAGPJHC 16 (10 January 2024)

The High Court dismissed a winding-up application because the applicant failed to show that the respondent company was bound to pay the claimed debt.

  • Winding Up Of Company
  • Creditor Claim
  • Contractual Liability
  • Employment Agreement
  • Winding-up-of-company
  • Creditor-claim
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Civil Procedure [2023] ZAGPJHC 340

Franck v Dyke and Another (2021/34174)

Franck v Dyke and Another (2021/34174) [2023] ZAGPJHC 340 (14 April 2023)

The applicant established standing as a creditor with a liquidated claim exceeding the statutory amount. The first respondent committed an act of insolvency as evidenced by the nulla bona return and his admission of inability to pay. The only known asset is an undivided half share in immovable property, and the estimated value of the property provides a reasonable prospect of advantage to creditors, even if the extent of pecuniary benefit cannot be precisely determined. The court found that sequestration is the only means for creditors to obtain payment, and the requirements of section 10 of…

  • Provisional Sequestration
  • Insolvency Act Section 10
  • Creditor Claim
  • Act Of Insolvency
  • Advantage To Creditors
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Commercial And Corporate [2022] ZAGPPHC 512

Laat Waai Slaghuis (Pty) Ltd v Dinner With Me (Pty) Ltd (A84/2021)

Laat Waai Slaghuis (Pty) Ltd v Dinner With Me (Pty) Ltd (A84/2021) [2022] ZAGPPHC 512 (11 July 2022)

Appeal against refusal of liquidation succeeded. The court found the respondent did not bona fide dispute the debt and placed it in liquidation.

  • Company Liquidation
  • Commercial Insolvency
  • Creditor Claim
  • Companies Act 1973
  • Dispute Of Fact
  • Company-liquidation
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Commercial And Corporate [2022] ZAMPMHC 3

Advent Oil (Pty) Ltd v Vuletjeni Trading & Projects (Pty) Ltd (4262/2019)

Advent Oil (Pty) Ltd v Vuletjeni Trading & Projects (Pty) Ltd (4262/2019) [2022] ZAMPMHC 3 (30 March 2022)

The court refused condonation for late filing and found the respondent unable to pay its debts, ordering provisional winding-up pending a rule nisi.

  • Winding Up Of Company
  • Unable To Pay Debts
  • Condonation Of Late Filing
  • Oral Agreement
  • Creditor Claim
  • Company-winding-up
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Commercial And Corporate [2021] ZAGPJHC 476

Pillay v Macsilla Holdings and Others (15169/2021)

Pillay v Macsilla Holdings and Others (15169/2021) [2021] ZAGPJHC 476 (27 September 2021)

The High Court granted a final winding-up order against Macsilla Holdings after rejecting a challenge based on Legal Practice Act s 86 and finding the company insolvent.

  • Winding Up Of Company
  • Creditor Claim
  • Trust Account Regulation
  • Final Liquidation Order
  • Company-winding-up
  • Creditor-claims
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Commercial And Corporate [2021] ZAWCHC 26

Drakenstein Municipality v Castle Ultra 300 (Pty) Ltd ; Drakenstein Municipality v De Oude Paarl Trading (Pty) Ltd (9530/2020; 9531/2020)

Drakenstein Municipality v Castle Ultra 300 (Pty) Ltd ; Drakenstein Municipality v De Oude Paarl Trading (Pty) Ltd (9530/2020; 9531/2020) [2021] ZAWCHC 26 (16 February 2021)

The High Court granted provisional winding-up orders against two related companies after finding the municipality had shown unpaid debt and no bona fide dispute.

  • Provisional Winding Up
  • Creditor Claim
  • Company Indebtedness
  • Section 345 Companies Act
  • Municipal Rates And Services
  • Provisional-winding-up
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Commercial And Corporate [2018] ZAGPJHC 644

Proprietary Limited v Techtronic Technology Solutions Proprietary Limited (24915/2018)

Proprietary Limited v Techtronic Technology Solutions Proprietary Limited (24915/2018) [2018] ZAGPJHC 644 (6 December 2018)

The High Court granted a provisional winding-up order after finding a valid oral loan, part payment, and evidence that the respondent could not pay its debts.

  • Winding Up Of Company
  • Commercial Insolvency
  • Oral Loan Agreement
  • Creditor Claim
  • Just And Equitable Ground
  • Winding-up-of-company
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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.