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South Africa Case Law

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Civil Procedure [2018] ZAFSHC 131

Eksteen v Van der Merwe (2710/2018)

Eksteen v Van der Merwe (2710/2018) [2018] ZAFSHC 131 (2 August 2018)

The court dismissed a friendly sequestration application, finding the applicant had not proved the alleged loan and that sequestration was not to creditors’ advantage.

  • Friendly Sequestration
  • Creditor Proof
  • Advantage To Creditors
  • National Credit Act
  • Debt Review
  • Abuse Of Process
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Civil Procedure [2013] ZAKZPHC 69

Fuller and Others v Nel N.O. and Others (9961/12)

Fuller and Others v Nel N.O. and Others (9961/12) [2013] ZAKZPHC 69 (30 August 2013)

The High Court dismissed an application seeking to compel a liquidator to investigate and disallow a creditor’s claim in a company liquidation.

  • Insolvency Act
  • Liquidation Claims
  • Creditor Proof
  • Mandamus
  • Declaratory Relief
  • Insolvency
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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.