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South Africa decisions
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ABSA Bank Limited v Fourie and Another (64550/2020) [2024] ZAGPPHC 1048 (4 October 2024)
The court further varied the reserve price for a sale in execution from R500 000 to R400 000 after no bids were received, and ordered the respondent to pay costs.
SP Impact (Pty) Ltd v ENM Trading CC (2459/2024) [2024] ZAFSHC 260 (29 August 2024)
The High Court granted final winding up of Enm Trading CC after it failed to pay a loan and judgment debt, finding its solvency assertions unsupported.
Antwerpen obo Scholtz and Another v Road Accident Fund and Another (41371/2021) [2024] ZAGPPHC 703 (29 July 2024)
The High Court dismissed an application seeking coercive imprisonment of the RAF CEO for unpaid judgment debts, holding that the RAF is technically insolvent and the Minister of Transport was a material non-joinder.
Firstrand Bank Limited v Van Niekerk and Others (51/2020) [2024] ZAECQBHC 46 (9 July 2024)
The High Court dismissed an application to declare the respondents’ home executable under Rule 46A, finding that execution would unfairly infringe their housing rights.
De Beer v Zitlamu Eiendomme (Pty) Ltd and Another (CA120/2020; 10704/2018 & 2915/2020) [2022] ZAECMKHC 105 (2 December 2022)
The High Court dismissed an appeal against a section 65A payment order, holding that the debtor’s financial position justified monthly payments to judgment creditors.
Land and Agricultural Development Bank of South Africa v Vermaak and Others (4316/2020) [2021] ZAFSHC 36 (16 February 2021)
The High Court declared a residential property specially executable under Rule 46A after judgment debt remained unpaid and no movable assets could be attached.
Standard Bank of South Africa Limited v Ratlou and Another (26005/2019) [2020] ZAGPJHC 271 (18 September 2020)
The court found that the respondents' property had no equity, as the forced sale value and arrears exceeded its market value. Both parties agreed to the proposed reserve price of R3 327 498.77. The court held that the current proceedings were not for enforcement of a credit agreement under the National Credit Act, but rather for the determination of a reserve price following a judgment debt and settlement agreement. The respondents' reliance on the NCA notice requirement was not explicitly pleaded and, in any event, was not applicable as the underlying causa was a judgment debt, not a credit…
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Nedbank v Afro Rennaisence Investments (Pty) Ltd (62435/2019) [2020] ZAGPPHC 168 (21 April 2020)
The High Court dismissed Nedbank’s liquidation application after finding the sheriff’s nulla bona return defective and unreliable for proving insolvency.
Komani School and Office Suppliers CC t/a Komani Stationers v Member of the Executive Council, Department of Education, EC and Others (235/2017) [2018] ZAECGHC 61 (31 July 2018)
The court held that the loss contemplated by section 60 of the Schools Act arises when the school fails to render specific performance and the applicant is unable to execute the judgment due to the statutory prohibition on attachment of school assets. The first respondent's liability is a guarantee obligation, standing in for the school's liability. The court rejected the respondent's argument that the school was not a party to the contract, finding that the governing body acts as the school's agent. Regarding prescription, the court found that prescription could only begin to run when the ap…
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Hyprop Investments Limited and Another v NSC Carriers and Forwarding CC; Hyprop Investments Limited and Another v Costa (2015/29277; 2015/29278) [2017] ZAGPJHC 19 (10 February 2017)
The court granted final winding-up of a close corporation and provisional sequestration of an individual debtor, rejecting illiquid counterclaim defences.
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