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South Africa Case Law

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Banking And Finance [2025] ZAGPJHC 617

Firstrand Bank Limited v Nel (022940/2022)

Firstrand Bank Limited v Nel (022940/2022) [2025] ZAGPJHC 617 (13 May 2025)

The High Court granted provisional sequestration, finding a reasonable prospect of benefit to creditors despite the respondent’s claim of hopeless insolvency.

  • Sequestration
  • Advantage To Creditors
  • Suretyship Liability
  • Insolvency Act Section 12
  • Disposition Of Assets
  • Advantage-to-creditors
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Civil Procedure [2023] ZAGPPHC 117

Bekker N.O. and Another v Rama Annandale & Munonde Attorneys

Bekker N.O. and Another v Rama Annandale & Munonde Attorneys [2023] ZAGPPHC 117; 34145/20 (22 February 2023)

The court found that the respondent failed to provide credible evidence that the funds received from Mrs De Wit were her earnings from employment and not assets of the sequestrated joint estate. The applicants presented sufficient evidence, including bank statements and inquiry transcripts, showing that the payments originated from the sale of a motor vehicle and a café, as well as a tax refund, all of which formed part of the insolvent estate. The respondent's bare denial and lack of supporting affidavits did not create a genuine dispute of fact. Applying the Plascon-Evans principle, the cou…

  • Insolvency Act
  • Sequestration
  • Concursus Creditorum
  • Disposition Of Assets
  • Magistrates Court Jurisdiction
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Civil Procedure [2020] ZAECPEHC 10

AR v HR (3565/2018)

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

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
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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.