South Africa Case Law

Van Der Merwe and Associates Incorporated v Muller N.O and Others (117119/2023)

Van Der Merwe and Associates Incorporated v Muller N.O and Others (117119/2023) [2024] ZAGPPHC 991 (2 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

117119/2023

Judge

Nyathi

The court found that the funds held in trust by the applicant, Van Der Merwe and Associates Incorporated, constitute assets of the insolvent company and must be recovered by the liquidators in terms of section 391 of the Companies Act 61 of 1973. The fourth claimant, Mr Viljoen, as a judgment creditor, does not have a legal entitlement to direct payment of the funds held in trust, but retains the right to lodge a claim as a creditor of the insolvent estate. The court relied on established principles that, upon liquidation, all assets—including those held in trust or attached in execution—vest…

Source excerpt

• Interpleader Proceedings
• Company Liquidation
• Creditor Claims
• Trust Account Funds
• Preferent Creditor
• Distribution Of Assets

Nongauza v Nongauza and Another (805/2008)

Nongauza v Nongauza and Another (805/2008) [2009] ZAECHC 6 (29 January 2009)

Court

High Courts - Eastern Cape

Case number

805/2008

Judge

Z M Nhlangulela

The court held that R100,000 from the sale of a spouse’s business formed part of the joint estate and ordered it paid to the applicant, with costs against the first respondent.

• Division Of Joint Estate
• Community Of Property
• Distribution Of Assets
• Sale Of Business
• Liquidation Of Estate
• Community-of-property

Caietta and Another v Gess (153/85)

Caietta and Another v Gess (153/85) [1985] ZASCA 134 (29 November 1985)

Court

Supreme Court of Appeal

Case number

153/85

Judges

Rabie, Jansen, Van Heerden, Hefer, Boshoff

The court held it had jurisdiction over appeals from South-West Africa, rejected a claimed settlement, and ordered a just recalculation of partnership accounts.

• Partnership Dissolution
• Distribution Of Assets
• Settlement Agreement
• Quantum Of Fees
• Accounting In Partnership
• Costs Award