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South Africa Case Law

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Civil Procedure [2018] ZAGPPHC 724

Wesbank A Division of Firstrand v Magaladi (62969/2013)

Wesbank A Division of Firstrand v Magaladi (62969/2013) [2018] ZAGPPHC 724 (13 February 2018)

The court granted Wesbank interim attachment of a financed vehicle pending trial, finding cancellation, prima facie rights, irreparable harm, and balance of convenience.

  • Interim Attachment
  • Instalment Sale Agreement
  • National Credit Act
  • Vindication
  • Irreparable Harm
  • Interim-attachment
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Civil Procedure [2013] ZAGPPHC 439

SA Taxi Finance Solutions (Pty) Ltd v Kubheka and Another (45332/2012)

SA Taxi Finance Solutions (Pty) Ltd v Kubheka and Another (45332/2012) [2013] ZAGPPHC 439 (5 December 2013)

The High Court granted an interim attachment order for a leased taxi pending trial, finding a prima facie right, balance of convenience, and no adequate alternative remedy.

  • Interim Attachment
  • Lease Agreement
  • National Credit Act
  • Balance Of Convenience
  • Irreparable Harm
  • Interim-attachment
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Civil Procedure [2011] ZAWCHC 7

Mercedes-Benz Financial Services South Africa (Pty) Ltd v Coetzee (10321/2010)

Mercedes-Benz Financial Services South Africa (Pty) Ltd v Coetzee (10321/2010) [2011] ZAWCHC 7 (22 February 2011)

The High Court granted Mercedes-Benz interim attachment of a financed vehicle pending action, finding cancellation and ownership established on a prima facie basis.

  • Interim Attachment
  • National Credit Act
  • Instalment Sale Agreement
  • Balance Of Convenience
  • Debt Review
  • Ex Parte Application
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Banking And Finance [2010] ZAGPJHC 30

SA Taxi Securitisation (Pty) Ltd v Chesane (26382/2009)

SA Taxi Securitisation (Pty) Ltd v Chesane (26382/2009) [2010] ZAGPJHC 30; 2010 (6) SA 557 (GSJ) (1 April 2010)

The High Court granted interim attachment of two leased taxis pending trial, holding that the National Credit Act did not abolish the common-law remedy.

  • National Credit Act
  • Interim Attachment
  • Debt Review Process
  • Interim Interdict
  • Cancellation Of Lease
  • Balance Of Convenience
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Civil Procedure [2004] ZAFSHC 131

Citibank N.A v Van Zyl and Another (3805/2004)

Citibank N.A v Van Zyl and Another (3805/2004) [2004] ZAFSHC 131 (9 December 2004)

The High Court has jurisdiction to enforce contempt proceedings for non-compliance with magistrate's court orders where good and sufficient circumstances exist, as confirmed by the Constitutional Court in Bannatyne v Bannatyne. The interim attachment order granted by the magistrate's court was interlocutory and not appealable; thus, the notice of appeal did not suspend its operation. The first respondent, as sole trustee, was served with and informed of the orders and failed to comply, providing no credible explanation for non-compliance. The evidence established beyond reasonable doubt that…

  • Contempt Of Court
  • Magistrates Court Orders
  • Interim Attachment
  • Onus And Standard Of Proof
  • Trustee Liability
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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.