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Civil Procedure [2020] ZASCA 127

Huysamen and Another v Absa Bank Limited and Others (660/2019)

Huysamen and Another v Absa Bank Limited and Others (660/2019) [2020] ZASCA 127 (12 October 2020)

Court
Supreme Court of Appeal
Case number
660/2019
Judges
Cachalia, Dambuza, Dlodlo, Nicholls, Matojane

The Supreme Court of Appeal held that the applicants and their attorney failed to provide a full and reasonable explanation for the delay in filing the notice of appeal and reinstating the lapsed appeal. The attorney's gross negligence and lack of supervision, combined with the applicants' own inaction, did not justify condonation. The applicants' misleading disclosures and apparent abuse of the surrender process under the Insolvency Act further undermined their bona fides. The court found that the prospects of success were weak, as the sale in execution was not unlawful under section 5(1) of…

Source excerpt

  • Condonation
  • Sale In Execution
  • Insolvency Act Section 5
  • Mortgage Bond Enforcement
  • Attorney Negligence
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Land And Property [2017] ZAGPPHC 611

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…

Source excerpt

  • Sale In Execution
  • Insolvency Act Section 5
  • Transfer Of Property
  • Voluntary Surrender
  • Good Faith Purchaser
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Civil Procedure [2014] ZAGPPHC 681

Mors and Another v Absa Bank Ltd and Others (26705/2013)

Mors and Another v Absa Bank Ltd and Others (26705/2013) [2014] ZAGPPHC 681 (5 September 2014)

Court
North Gauteng High Court, Pretoria
Case number
26705/2013
Judge
Davis, AJ

The High Court held that the notice of surrender did not trigger section 5(1) protection, and dismissed the bid to nullify the sale in execution.

  • Sale In Execution
  • Voluntary Surrender
  • Insolvency Act Section 5
  • Statutory Prohibition
  • Property Transfer
  • Sale-in-execution
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Land And Property [2013] ZAGPPHC 552

Brad v Registrar of Deeds Pretoria and Others (72706/2012)

Brad v Registrar of Deeds Pretoria and Others (72706/2012) [2013] ZAGPPHC 552 (23 November 2013)

Court
North Gauteng High Court, Pretoria
Case number
72706/2012
Judge
Manamela

The court postponed an unopposed transfer application sine die and required joinder of a trustee in the insolvent estate before any final order.

  • Sale In Execution
  • Insolvency Act Section 5
  • Transfer Of Title
  • Sequestration
  • Trustee Appointment
  • Sale-in-execution
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.