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South Africa Case Law

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Civil-procedure [2011] ZAFSHC 205

Uys No en n ander v CMW Lewendehawe (Edms) Bpk h/a CMW Elite (A258/2011)

Uys No en n ander v CMW Lewendehawe (Edms) Bpk h/a CMW Elite (A258/2011) [2011] ZAFSHC 205 (15 December 2011)

Court
Free State High Court, Bloemfontein
Case number
A258/2011
Judges
RampaI, R, Van der Merwe, R, Zietsman, WND R

The Free State High Court held that the trust’s insolvency was not proven, because market value rather than forced sale value had to be used.

  • Sequestration
  • Insolvency-test
  • Burden-of-proof
  • Valuation-of-assets
  • Asset-valuation
  • High-court-appeal
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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.

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