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South Africa decisions
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Djoufang v Snyders and Others (Reasons) (2025/105798) [2025] ZAWCHC 297 (21 July 2025)
The High Court held that a late, defective notice of appeal did not suspend an eviction order and directed the sheriff to execute the warrant.
Matsi Law Chambers Inc v Mailula and Another (46358/2021) [2023] ZAGPPHC 1138 (7 September 2023)
The Court found that there was no direct appeal or application for leave to appeal against the principal order of Baqwa J made on 18 December 2020. The respondents' appeal was against a related order by Davis J, not the principal order. In terms of section 18(1) of the Superior Courts Act, the absence of a direct appeal means the principal order is not suspended and remains effective and executable. The section 18 application was therefore premature, and there was no need for the Court to consider exceptional circumstances or irreparable harm. The application for leave to appeal was dismissed…
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Litha v Investec Bank Limited (11116/2021) [2023] ZAGPJHC 653 (26 May 2023)
The High Court dismissed an application for leave to appeal against a money judgment, execution order, and reserve price set under Rule 46A.
Trustees for the time being of the Nomvula Trust v Langlaagte Trust and Car Hire (4979/2022) [2023] ZAGPJHC 362 (24 April 2023)
Spoliation application dismissed after the court found the applicant failed to prove possession of the property or unlawful deprivation by the respondent.
Whirlaway Trading 234 CC v Mercedes-Benz Financial Services South Africa (Pty) Ltd.and Another (09045/18) [2022] ZAGPPHC 892 (17 November 2022)
The High Court dismissed an application for return of a repossessed vehicle, holding that the applicant breached the settlement terms and had not rescinded the underlying judgment.
Nedbank Limited v Mabaso and Another (2019/17887) [2022] ZAGPJHC 782; 2023 (2) SA 298 (GJ) (14 October 2022)
Court refused a sale in execution without reserve price and set the reserve at R300,000, the highest bid at the failed auction.
Libalele v Libalele and Another (3830/2016) [2017] ZAECMHC 16 (13 June 2017)
The court held that the mere lapse of the appeal period under Rule 50(1) and Rule 51(9) does not entitle the successful party in the Magistrate's Court to execute the judgment without a declaratory order from the High Court. The noting of an appeal suspends the execution of the judgment, and only upon a substantive application and order from the High Court may execution proceed. The respondent's conduct in executing the judgment without such an order was declared irregular. The court confirmed the interim interdict and declared the respondent's execution irregular, reinforcing the principle t…
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Sheriff, Johannesburg East v Vally; In re: Formeset Printers (Pty) Ltd v Vally (24163/2007) [2016] ZAGPJHC 63 (24 March 2016)
The court dismissed an interpleader claim and held that a close corporation member’s interest remained attachable because ownership changed only on CIPC registration.
KwaZulu-Natal Tourism Authority v Wasa and Others (D1204/2014) [2015] ZALCD 34 (4 March 2015)
The Labour Court confirmed a rule nisi after finding that execution proceeded unlawfully while appeal proceedings were pending, and ordered repayment of the funds.
Protech Readymix (Pty) Ltd v Viljoen and Another (160/2012) [2014] ZANWHC 67 (19 June 2014)
The court found that, following the order of the Gauteng North High Court and the registration of the notarial deed, ownership of the property in question vested in the second respondent's spouse. The absence of an endorsement on the title deeds does not affect the legal position, as the division of the estate and transfer of ownership occurred upon registration of the deed. Consequently, the property is not available for execution against the second respondent for his personal debts. The court further held that the spouse should have been joined as a party, given her direct interest in the p…
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