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South Africa decisions
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TBP Building and Civils (Pty) Ltd (In Liquidation) v Shamla Chetty t/a Nationwide Electrical and Others (D4774/2019) [2025] ZAKZDHC 46 (17 July 2025)
The High Court upheld a bank-account attachment for costs, but modified it to reflect set-off between the parties’ taxed bills.
Matjhabeng Local Municipality v Baile Trading (Pty) Ltd and Others (3498/2023 ; 3787/2023) [2024] ZAFSHC 226 (31 July 2024)
The High Court struck an urgent application from the roll after finding the municipality delayed too long and failed to show that substantial redress could not be obtained later.
Dr V.N v Magistrate Z. Mjali District Court Magistrate EL and Others (EL246/2024) [2024] ZAECELLC 9 (20 March 2024)
The court refused to discharge a rule nisi staying execution of a garnishee order, extended interim relief, and directed an expedited transfer application.
Fetakgomo Tubatse Local Municipality v Mapale Distributors and Enterprise CC and Others - Urgent Application (6175/2023) [2023] ZALMPPHC 91 (2 October 2023)
The High Court dismissed a reconsideration application against an urgent interim order suspending execution steps and a garnishee order pending appeal.
Construction Education and Training Authority v Dela Casa Trading 660 (Pty) Ltd and Others (1617/2020) [2021] ZAFSHC 267 (4 November 2021)
The High Court rescinded a garnishee order and set aside a warrant of execution after finding the orders were erroneously granted against the applicant.
Petersen v Meltrade 123 CC t/a Silvertree Restaurant and Another (C804/12) [2016] ZALCCT 13; [2016] 7 BLLR 667 (LC); (2016) 37 (ILJ) 1932 (LC) (31 March 2016)
The Labour Court held it had jurisdiction to grant a garnishee order in principle, but dismissed the application because no writ of execution had first been issued.
G.P.N v U.N (born W) (2677/2011) [2012] ZAECGHC 31 (10 May 2012)
The court found that both the writ of execution and the notice of attachment under Rule 45(12) were invalid: the writ was not properly served or executed, and the garnishee order was fatally defective as it purported to attach property held by a party outside the court's jurisdiction. The applicant's application to set aside the interim maintenance order failed because it was not brought under the correct procedure (Rule 43), lacked sufficient evidence, and did not address the interests of the minor children. The respondent's counter-application for contempt was dismissed as the evidence did…
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Hunter Mitchell Projects CC v All Aluminium CC and Another (16625/2011) [2012] ZAWCHC 1 (23 January 2012)
The court found that the service of the final emoluments attachment order on Kingswood Golf Estate on 7 February 2011, after the provisional liquidation order was granted, constituted both continuation of civil proceedings and execution put in force against the assets of the company after commencement of winding-up proceedings. This violated section 359(1)(a) and (b) of the Companies Act, 61 of 1973. The court rejected the respondent's argument that the attachment was effected before liquidation, noting that the confirmation of the garnishee order did not bring finality and that enforcement s…
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Frikkie Pretorius Inc. and Another v Glass (AR528/09) [2010] ZAKZPHC 42; 2011 (2) SA 407 (KZP) (26 April 2010)
The court found that the garnishee order issued by the Newcastle Magistrates’ Court was invalid, as it was made against the wrong person and was never properly executed. The respondent was entitled to immediate payment of his half share of the proceeds from the sale of the immovable property held in the first appellant’s trust account, as he was a trust creditor of the first appellant. The second appellant was not liable to the respondent, as the funds transferred to its trust account were held for Mrs Glass, not the respondent, and no demands for payment were made to the second appellant. Th…
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Executor Estate: Sorour v Scowby (AR232/08) [2009] ZAKZPHC 58 (4 September 2009)
The court held that the expectation of inheritance prior to the confirmation of the liquidation and distribution account does not constitute a debt accruing in the future for purposes of section 72 of the Magistrates' Court Act. The right to inherit is a mere contingent interest or spes and is not attachable under a garnishee order until the estate is distributable and the right becomes enforceable. The Magistrate erred in finding that the executor was holding funds on behalf of the heir and in ordering immediate payment. Furthermore, the Magistrate failed to properly address the alleged cess…
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