Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
MC Spares and Rebuilds v Cajee and Another (2025/077478) [2025] ZALCJHB 247 (25 June 2025)
The Labour Court dismissed an urgent application to stay execution of a MIBCO arbitration award pending rescission, finding no locus standi and no prospects of success.
Maleka v Nedbank Limited and Others (2025/083622) [2025] ZAGPJHC 625 (23 June 2025)
The applicant failed to establish a clear or prima facie right to the relief sought. His 'interpleader affidavit' did not satisfy the requirements of Rule 45(5), as it did not constitute a valid suretyship or undertaking to produce the attached goods. The sheriff acted lawfully in executing the writ and removing the goods. The applicant's reliance on the best interests of the child under section 28(2) of the Constitution was misplaced, as he did not challenge the constitutionality of the underlying rules, and the principle of subsidiarity precludes direct reliance on the Constitution in such…
Source excerpt
Koopkrag (Pty) Ltd v Taute, Bouwer and Cilliers Inc and Others (A166/2024) [2025] ZAGPPHC 165 (14 February 2025)
The Full Court held that the sheriff failed to comply with the procedural requirements by not notifying Koopkrag, the title holder, of the date of the auction as required by Rule 42(2) of the Magistrates' Courts Rules. The motor vehicle, being subject to an instalment sale agreement, was not susceptible to attachment under the landlord's tacit hypothec in terms of section 2(1)(b) of the Security by Means of Movable Property Act. The deprivation of Koopkrag's property without proper notice constituted arbitrary deprivation under section 25 of the Constitution. The sale in execution was therefo…
Source excerpt
Sheriff (Pretoria North East) v Vishnu Munilall and Associates and Others (11239/2006) [2025] ZAGPPHC 1 (13 January 2025)
The court held that the order sought by the First Claimant had already been adjudicated in previous judgments, notably by Bezuidenhout J, who found that neither National Treasury nor the Office of the State Attorney could be held liable for costs awarded in litigation to which they were not parties. The First Claimant's interpretation of section 12(1) of the State Tender Board Act was rejected, as the Act does not render the Director-General: Finance liable for the Board's debts. The court found that the State Tender Board is a separate entity from National Treasury and that payment of judgme…
Source excerpt
Sheriff of the High Court, Cape Town West v Foster and Another (21464/2018 ; 8526/2019) [2024] ZAWCHC 397 (28 November 2024)
Interpleader dispute over attached movable goods, with competing claims by an execution creditor and Ms Kirst. The court mostly upheld Ms Kirst’s ownership claim.
Glacier Financial Solutions Pty Ltd v Motanyane and Others (2022/036777) [2024] ZAGPJHC 1325 (23 October 2024)
High Court interpleader over living annuity death benefits. The court accepted Nonhlanhla’s claim, rejected those of Palesa and Pheteho, and awarded costs against them.
Van Der Merwe and Associates Incorporated v Muller N.O and Others (117119/2023) [2024] ZAGPPHC 991 (2 October 2024)
The court found that the funds held in trust by the applicant, Van Der Merwe and Associates Incorporated, constitute assets of the insolvent company and must be recovered by the liquidators in terms of section 391 of the Companies Act 61 of 1973. The fourth claimant, Mr Viljoen, as a judgment creditor, does not have a legal entitlement to direct payment of the funds held in trust, but retains the right to lodge a claim as a creditor of the insolvent estate. The court relied on established principles that, upon liquidation, all assets—including those held in trust or attached in execution—vest…
Source excerpt
Property Knight (Pty) Ltd v van Niekerk and Others (A220/2023) [2024] ZAWCHC 30 (7 February 2024)
The High Court dismissed an appeal over entitlement to estate agent commission, holding the sale agreement clearly entitled VR Group to payment.
Sheriff, Bloemfontein East v Lategan and Another (1105/2019) [2024] ZAFSHC 11 (25 January 2024)
The court upheld the sheriff’s claim to attached shares, found the trust failed to prove ownership, and ordered attorney-and-client costs.
Sheriff, Bloemfontein West v Majiedt N.O and Another (1935/2021) [2023] ZAFSHC 493 (21 December 2023)
In an interpleader dispute, the court held that the Trust failed to rebut the presumption that movables in the debtor’s possession belonged to him.
Explore more
