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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1272

Sequeira v Standard Bank of South Africa Ltd and Others (45914/2021)

Sequeira v Standard Bank of South Africa Ltd and Others (45914/2021) [2023] ZAGPJHC 1272 (27 October 2023)

The court granted a spouse leave to intervene in a bank’s enforcement proceedings, finding she had a direct financial interest arising from marriage in community of property.

  • Intervention Under Rule 12
  • Joint Estate Liability
  • Mortgage Bond Enforcement
  • National Credit Act Notices
  • Specific Executability
  • Intervention
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Civil Procedure [2016] ZAFSHC 233

Ntsoereng and Another v Sebofi and Another; In re: Sebofi v Ntsoereng (4518/2012)

Ntsoereng and Another v Sebofi and Another; In re: Sebofi v Ntsoereng (4518/2012) [2016] ZAFSHC 233 (7 July 2016)

The court refused condonation for a late leave-to-appeal application and dismissed it with costs, finding no reasonable prospects of success.

  • Condonation
  • Leave To Appeal
  • Marriage In Community Of Property
  • Joint Estate Liability
  • Rescission Of Judgment
  • Leave-to-appeal
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Family And Children [1999] ZASCA 67

Vaal Reefs Exploration and Mining Company v Burger (264/97)

Vaal Reefs Exploration and Mining Company v Burger (264/97) [1999] ZASCA 67; [1999] 4 All SA 253 (A) (21 September 1999)

The Supreme Court of Appeal held that the respondent, as curatrix of her husband, was empowered by the court order to cede the fixed deposit and bind the joint estate as surety for the contractor's obligations. The statutory requirement for written consent under section 15 of the Matrimonial Property Act did not apply in this exceptional case, as the respondent's authority derived from the curatorship order, not from her status as spouse. The court found that the cession and suretyship were valid and binding on the joint estate, as the respondent had the requisite authority to act. The court…

  • Matrimonial Property
  • Curatorship Powers
  • Suretyship
  • Cession In Securitatem Debiti
  • Statutory Formalities
  • Joint Estate 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.