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South Africa decisions
Decisions matching the current search
Sanlam Life Insurance Limited v Mafetsa (085443/2023) [2023] ZAGPJHC 1445 (12 December 2023)
In an unopposed application, the High Court granted attachment of the respondent’s bank-account interests, but limited the order to the outstanding quantum.
Appolus and Others v Naledi Local Municipality and Others (UM199/2023) [2023] ZANWHC 214 (17 November 2023)
High Court urgent application to enforce a prior judgment pending appeal under section 18(3) of the Superior Courts Act. Non-compliance was condoned and costs awarded against the opposing respondents.
266 Bree Street Johannesburg (Pty) Ltd and Others v TUHF Limited (39800/2020) [2023] ZAGPJHC 94 (1 February 2023)
The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success and treating the appeal as largely academic in light of later business rescue developments.
Transaction Capital Business Solutions (PTY) Ltd v Busi Ntuli Communications (PTY) Ltd and Others (27105/2019) [2022] ZAGPJHC 783 (12 October 2022)
High Court enforcement ruling on Rule 46A: special execution against a primary residence was allowed only after first levying execution against movables.
Firstrand Bank v Van der Heever and Others (4620/2021) [2022] ZAFSHC 83 (29 April 2022)
The court found that the respondents, as sureties and co-principal debtors, were liable for the principal debtor's indebtedness to the applicant. The pending business rescue application and the liquidation of the principal debtor did not preclude enforcement against the sureties, particularly as the respondents had renounced the benefits of excussion in their suretyship agreements. The court held that Section 133(2) of the Companies Act only applies to enforcement against the company itself, not against sureties. The respondents' explanation for the late filing of their answering affidavit wa…
Source excerpt
Trendy Greenies (Pty) Ltd t/a Sorbet George v de Bruyn and Others (C 390/2020) [2021] ZALCCT 30; [2021] 8 BLLR 844 (LC) ; (2021) 42 ILJ 1771 (LC) (17 May 2021)
The Labour Court dismissed an urgent s 18(3) application to enforce a restraint judgment pending appeal because no valid notice of appeal had been filed.
Taurus Group of Companies (Pty) Ltd v Vanto and Others (EL1532/2016, ECD3632/2016) [2018] ZAECGHC 4 (30 January 2018)
The High Court held that the respondents’ appeal had lapsed and rejected their claim that a settlement agreement fully extinguished the debt.
Moditlo Estate Homeowners' Association (NPC) v Venter (28796/2015) [2016] ZAGPPHC 644 (4 August 2016)
The court granted a final sequestration order after finding the respondent failed to pay estate contributions and gave no credible basis to resist sequestration.
Fidelity Security Services (Pty) Ltd v Naidoo and Another (J1837/2015) [2016] ZALCJHB 70 (3 February 2016)
The Labour Court refused leave to appeal, but granted leave to execute a restraint-of-trade order pending appeal because the restraint would soon expire.
Investec Bank (Mauritius) Ltd v Mohan (6713/2010) [2012] ZAWCHC 148 (10 July 2012)
The High Court granted security for costs against the respondent, stayed the appeal proceedings until payment, and ordered the respondent to pay costs.
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