South Africa Case Law

Coetzee and Others v Popeye Trust (CA65/2024)

Coetzee and Others v Popeye Trust (CA65/2024) [2024] ZAECMKHC 102 (1 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA65/2024

Judges

NJ Mullins, RWN Brooks

The court found that the appellants' reliance on Campbell v Botha was unfounded, as the facts were materially different. In Campbell, the sale in execution was set aside due to lack of proper service and the owner's legal incapacity, whereas in the present case, the registered owner was not a minor, and no evidence was presented to show that the attachment was not properly effected. The default judgment against the appellants stands, and no rescission application has been finalized. The requirements of the PIE Act were met, and the appellants' continued occupation is unlawful. The court rejec…

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• Prevention Of Illegal Eviction Act
• Sale In Execution
• Good Faith Purchaser
• Eviction Procedure

Pretoria Office Chairs CC v Rampoporo N.O and Others (20031/2018)

Pretoria Office Chairs CC v Rampoporo N.O and Others (20031/2018) [2022] ZAGPJHC 716 (22 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

20031/2018

Judge

Nichols

The court held that a purported sale of liquidation assets failed because the suspensive condition was not met, and ordered the assets restored to the liquidators.

• Liquidation Procedure
• Sale Of Assets In Liquidation
• Suspensive Conditions
• Creditors Meeting
• Good Faith Purchaser
• Liquidation-procedure

Huysamen and Another v Absa Bank Limited Others (30626/2015)

Huysamen and Another v Absa Bank Limited Others (30626/2015) [2017] ZAGPPHC 611 (14 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

30626/2015

Judge

K La M Manamela

The court found that the sale in execution and subsequent transfer of the applicants' property occurred after the publication of the notice of surrender, which triggers the prohibition in section 5(1) of the Insolvency Act. However, the court held that this prohibition does not automatically render the sale and transfer void, especially where the purchasers acted in good faith and without knowledge of the defect. The purpose of section 5(1) is to protect the interests of creditors and prevent dissipation of assets, but it does not affect ownership rights or the validity of a transfer already…

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• Sale In Execution
• Insolvency Act Section 5
• Transfer Of Property
• Voluntary Surrender
• Good Faith Purchaser

Chater Developments v Waterkloof Marina Estates and Another (1025/2013)

Chater Developments v Waterkloof Marina Estates and Another (1025/2013) [2014] ZASCA 198; 2015 (5) SA 138 (SCA) (28 November 2014)

Court

Supreme Court of Appeal

Case number

1025/2013

Judges

Navsa ADP, Theron, Wallis, Mbha JJA, Dambuza AJA

The SCA held that a bona fide purchase from an unauthorised liquidator was valid under section 82(8) of the Insolvency Act, read with section 339 of the Companies Act.

• Liquidation Of Companies
• Powers Of Liquidator
• Sale Of Assets In Liquidation
• Good Faith Purchaser
• Application Of Insolvency Act
• Company-liquidation

Nedbank Limited v Euro Blitz 21 (Pty) Ltd and Others (2010/10766)

Nedbank Limited v Euro Blitz 21 (Pty) Ltd and Others (2010/10766) [2010] ZAGPJHC 98 (4 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2010/10766

Judge

N.P. Willis

The court found that the probabilities favoured the applicant's version that the respondents, through their employee Du Pisanie, were made aware of the applicant's ownership and the judicial attachment of the aircraft. The sheriff's evidence of service of the court order and writ of attachment was accepted as credible and corroborated by documentary proof. The court rejected the respondents' denial of knowledge, finding it improbable that Du Pisanie, who regularly communicated with Branco and was responsible for handling legal documents, would not have informed him of such critical matters. A…

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• Sale In Execution
• Ownership Of Movable Property
• Lien
• Magistrates Court Act Section 70
• Good Faith Purchaser
• Judicial Attachment

Ramgobin and Others v ABSA Bank Limited and Others (13807/2007)

Ramgobin and Others v ABSA Bank Limited and Others (13807/2007) [2008] ZAKZHC 53 (21 July 2008)

Court

High Courts - Kwazulu Natal

Case number

13807/2007

Judge

Ntshangase

The High Court dismissed an application to set aside a sale in execution, finding the notice of sale was sufficiently descriptive and the purchasers acted without bad faith.

• Sale In Execution
• Notice Of Sale Requirements
• Good Faith Purchaser
• Defective Notice
• Rule 46 Uniform Rules
• Magistrates Courts Act Section 70