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South Africa decisions
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Maboka v Raymico and Another (J 1490/23) [2023] ZALCJHB 331 (16 November 2023)
The Labour Court held that a vehicle registered to a company director in his personal capacity could not be attached to satisfy a CCMA award against the company.
Adimoolum v Nxumalo and Others (JR1447/22) [2023] ZALCJHB 84 (22 March 2023)
The court found that Marumo and the director of Drewmach failed to provide satisfactory evidence of ownership of the attached assets. The commercial agreements presented, including the loan and lease agreements, were deemed a facade created by blood relatives to circumvent execution. The absence of proof of purchase and the contradictory statements regarding ownership rendered the claimants' case deficient. The legal presumption that assets found at the premises of the execution debtor belong to the debtor was not rebutted. The court concluded that the attached assets should remain subject to…
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Boundary Spar Supermarkets (Pty) Ltd v Brown and Others (J2456/16) [2016] ZALCJHB 435; (2017) 38 ILJ 2337 (LC) (15 November 2016)
The Labour Court held that suspending a writ went beyond merely staying execution steps, requiring the sheriff to return attached property and refund R8000.
Griekwaland Wes Korporatief v Vin and Others, In Re: Vin and Others v Monanda Landbou Dienste (J2404/05) [2009] ZALCJHB 85 (29 April 2009)
The Labour Court rescinded an earlier interpleader order because the sheriff’s notices were defective and the applicant was not properly brought into the proceedings.
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