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South Africa decisions
Decisions matching the current search
Firstrand Bank Limited v Nel (022940/2022) [2025] ZAGPJHC 617 (13 May 2025)
The High Court granted provisional sequestration, finding a reasonable prospect of benefit to creditors despite the respondent’s claim of hopeless insolvency.
K2015353138 South Africa Pty Limited v Kgomotso Motsoane and Another (2020/19564) [2024] ZAGPJHC 690; 2024 (6) SA 528 (GJ) (26 July 2024)
The court found that the applicant had placed before it sufficient facts and documentary evidence to satisfy the requirement that sequestration would be to the advantage of creditors. The respondents failed to disclose their assets, liabilities, or income, and did not provide evidence to counter the applicant's case. The payments made by the respondents did not discharge the debt, nor did the fact that the application was brought by a single creditor constitute an abuse of process. The court held that the requirements of section 12 of the Insolvency Act were met and exercised its discretion t…
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Body Corporate of Old Trafford v Muronzi (016676/2023) [2024] ZAGPPHC 623 (21 June 2024)
The High Court refused final sequestration, finding no practical advantage over execution and special circumstances arising from the risk of homelessness.
Stewart N.O and Others v Ballim (D2296/2021) [2024] ZAKZDHC 48 (10 June 2024)
Leave to appeal was dismissed in a sequestration matter after the court found no reasonable prospect of success and no further proof to change the result.
Stewart N.O and Others v M.M.B (D2296/2021) [2024] ZAKZDHC 8 (12 February 2024)
Final sequestration was refused because the applicants failed to provide factual proof that sequestration would benefit creditors.
Le Sueur v Stainton (12504/2022P) [2023] ZAKZPHC 101 (6 October 2023)
The High Court confirmed a provisional sequestration order, finding a reasonable prospect that enquiry could reveal assets for creditors despite the respondent’s denial of assets.
Stewart N.O. and Others v Govender and Another (58165/2021) [2022] ZAGPJHC 861 (31 October 2022)
The High Court granted final sequestration of a married couple’s joint estate after finding a valid claim, an act of insolvency, and a reasonable belief that creditors may benefit.
PSG Konsult Limited v Niemand (21/31519) [2022] ZAGPJHC 815 (14 October 2022)
The High Court granted final sequestration of the respondent’s estate after finding a proven debt, an act of insolvency, and a reasonable prospect of benefit to creditors.
Pillay v Imani and Another (36891 / 2021) [2021] ZAGPJHC 691 (15 November 2021)
High Court refused final sequestration, holding that although the applicant had a liquidated suretyship claim, he failed to prove advantage to creditors.
Engen Petroleum Limited v Sing (2019/29582) [2021] ZAGPJHC 724 (12 November 2021)
The High Court confirmed a provisional sequestration order, finding reason to believe final sequestration would benefit creditors under section 12 of the Insolvency Act.
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