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South Africa Case Law

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Civil Procedure [2022] ZAWCHC 228

Bester N.O. and Others v Horn (11641/2015)

Bester N.O. and Others v Horn (11641/2015) [2022] ZAWCHC 228 (5 October 2022)

The High Court refused to separate prescription issues from a consolidated trust recovery trial, finding that piecemeal hearings would delay and duplicate evidence.

  • Separation Of Issues
  • Prescription Special Plea
  • Trustee Capacity
  • Unjustified Enrichment
  • Insolvency Act Dispositions
  • Ponzi Scheme Liability
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Civil Procedure [2016] ZAKZDHC 19

Nel N.O and Others v Bank of Baroda (11602/14)

Nel N.O and Others v Bank of Baroda (11602/14) [2016] ZAKZDHC 19 (12 May 2016)

Leave to amend particulars of claim was refused because the proposed Insolvency Act allegations did not plead a disposition to the defendant or sufficient facts.

  • Pleading Requirements
  • Insolvency Act Dispositions
  • Collusive Disposition
  • Voidable Preference
  • Amendment Of Particulars Of Claim
  • Civil-procedure
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Banking And Finance [2015] ZAGPJHC 242

Sekgothe N.O v Wesbank Ltd (14056/2013)

Sekgothe N.O v Wesbank Ltd (14056/2013) [2015] ZAGPJHC 242 (21 October 2015)

The High Court dismissed a trustee’s claim to recover the value of two vehicles surrendered under instalment sale agreements, finding no impeachable disposition.

  • Insolvency Act Dispositions
  • Instalment Sale Agreement
  • Ownership Of Movable Property
  • Ordinary Course Of Business
  • Insolvency-act-disposition
  • Instalment-sale-agreement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.