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South Africa decisions
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R.K v I.K (Sanction) (17760/2019) [2024] ZAWCHC 307 (25 September 2024)
The court sentenced the respondent to 30 days’ correctional supervision, with house arrest and reporting conditions, after finding imprisonment inappropriate.
Majiedt N.O and Another v Prinsloo (641/2021) [2023] ZAFSHC 201 (19 May 2023)
The court held that section 63 of the Long-Term Insurance Act did not protect life insurance proceeds paid directly to a nominated beneficiary.
Van Den Heever N.O and Another v Poulos N.O and Others (43528/2015) [2023] ZAGPJHC 349 (18 April 2023)
The court found that Nicholas Valasis, through his conduct and correspondence in December 2013, unequivocally accepted (adiated) his inheritance under the will of his late mother, Lulu Valasis. This acceptance was communicated to third parties and formed the basis for contractual undertakings, notably the payment of the arbitrator’s fee. The subsequent written renunciation in April 2014 was ineffective, as the election to adiate is irrevocable once made. The inheritance thus vested in the insolvent estate and must be administered by the trustees for the benefit of creditors. The defendants’ f…
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Sewprsad and Others v Naude N.O and Others (48339/2019) [2021] ZAGPPHC 701 (14 October 2021)
The High Court dismissed a second rescission application against a default eviction judgment, finding no bona fide defence and no basis to compel a lease.
JS Afslears CC t/a Swarico Afslaers v Botha N.O and Others (50323/14) [2017] ZAGPPHC 1294 (10 August 2017)
The High Court refused Swarico leave to intervene in a dispute over ownership of game, finding contradictory affidavits and no protectable interest.
Stewart N.O. and Another v Kachelhoffer (615/2012) [2014] ZAFSHC 244 (5 December 2014)
Leave to appeal was refused on the merits but granted on costs in an insolvency-related dispute arising from an unlawful investment scheme.
Botha N.O. and Another v Kies and Others (40111/2012) [2014] ZAGPPHC 809 (17 October 2014)
The High Court granted trustees of an insolvent estate an eviction order against the insolvent and his spouse, holding they were unlawful occupiers under PIE.
Opperman v Silver en Ander (4747/2011) [2012] ZAFSHC 233 (13 December 2012)
The Free State High Court refused leave to appeal against a sequestration order, finding no reasonable prospects of success on the benefit-to-creditors issue.
Edkins v Registrar of Deeds, Johannesburg and Others (16117/11) [2012] ZAGPJHC 58; 2012 (6) SA 278 (GSJ) (9 March 2012)
The court held that the sale in execution was validly concluded before the publication of the notice of surrender of the insolvent's estate. The applicant, as purchaser, complied with all obligations under the sale agreement and was unaware of the debtor's intention to surrender. Section 5(1) of the Insolvency Act prohibits sales after publication of the notice, but does not prohibit transfer where the sale occurred prior to publication. The trustees' reliance on section 20 was misplaced, as they had no authority over the property at the time of their appointment, and the applicant's right to…
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Botha NO and Another v Gazit Properties (EDMS) Beperk (6575/08) [2010] ZAGPPHC 116 (15 September 2010)
The court set aside payments made by an insolvent company to a lender as voidable preferences, finding they were not in the ordinary course of business.
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