South Africa Case Law

Spartan SME Finance (Pty) Ltd In re: Insurance Underwriting Managers (Pty) Ltd v Zululand Bus Services CC and Others (38929/2022)

Spartan SME Finance (Pty) Ltd In re: Insurance Underwriting Managers (Pty) Ltd v Zululand Bus Services CC and Others (38929/2022) [2022] ZAGPPHC 943 (7 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

38929/2022

Judge

Millar

The High Court discharged an ex parte spoliation order over buses, granted intervention to true owners, and found the applicant abused execution and disclosure duties.

• Mandament Van Spolie
• Judicial Attachment
• Intervention Application
• Abuse Of Process
• Liquidation Proceedings
• Mandament-van-spolie

Sekgala v Sheriff of the High Court and Others (12231/2014)

Sekgala v Sheriff of the High Court and Others (12231/2014) [2019] ZAGPPHC 255 (25 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

12231/2014

Judge

HF Jacobs

The court found that the applicant's application to the President of the Supreme Court of Appeal in terms of section 17(2)(f) suspended execution of the judgment. Consequently, Nedbank was not entitled to proceed with execution and the sale in execution of the applicant's property was void. The court held that it was unnecessary to consider the other grounds raised by the applicant, as the sale was invalid due to the suspension of execution during the pending appeal process. The late filing of Nedbank's answering affidavit was condoned, and the applicant's failure to file a replying affidavit…

Source excerpt

• Sale In Execution
• Judicial Attachment
• Rule 46 Uniform Rules
• Suspension Of Execution
• Section 17 2 F Superior Courts Act

Corfuscore (Pty) Ltd v Ehler NO and Others (3558/2018)

Corfuscore (Pty) Ltd v Ehler NO and Others (3558/2018) [2018] ZALMPPHC 50 (24 August 2018)

Court

Limpopo High Court, Polokwane

Case number

3558/2018

Judge

MF Kganyago

The High Court stayed an interdict application over farms bought at execution sale, pending a challenge to the sale's validity and the sheriff's authority.

• Sale In Execution
• Judicial Attachment
• Lis Pendens
• Final Interdict
• Ownership Transfer
• Sale-in-execution

BG Bojosinyane and Associates v Van Staden (CA&R77/2015)

BG Bojosinyane and Associates v Van Staden (CA&R77/2015) [2017] ZANCHC 67 (26 May 2017)

Court

Northern Cape High Court, Kimberley

Case number

CA&R77/2015

Judges

Kgomo, Williams, Mamosebo

Full-bench appeal on sheriff storage fees was upheld; the magistrate’s order was set aside because the trailer was never lawfully attached and no liability was shown.

• Magistrates Court Rules
• Warrant Of Execution
• Storage Costs
• Attorney Liability
• Judicial Attachment
• Sheriff-storage-costs

Cattigan and Another v Firstrand Bank Limited a division of First National Bank (NCT/1537/2011/128 (1))

Cattigan and Another v Firstrand Bank Limited a division of First National Bank (NCT/1537/2011/128 (1)) [2011] ZANCT 4 (1 December 2011)

Court

National Consumer Tribunal

Case number

NCT/1537/2011/128 (1)

Judges

D Terblanche, T Woker, B Dumisa

The Tribunal held that sections 127, 128 and 131 of the National Credit Act did not apply to a sheriff’s sale in execution of immoveable property.

• National Credit Act
• Judicial Attachment
• Mortgage Bond Enforcement
• Sale In Execution
• National-credit-act
• Sale-in-execution

Nedbank Limited v Euro Blitz 21 (Pty) Ltd and Others (2010/10766)

Nedbank Limited v Euro Blitz 21 (Pty) Ltd and Others (2010/10766) [2010] ZAGPJHC 98 (4 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2010/10766

Judge

N.P. Willis

The court found that the probabilities favoured the applicant's version that the respondents, through their employee Du Pisanie, were made aware of the applicant's ownership and the judicial attachment of the aircraft. The sheriff's evidence of service of the court order and writ of attachment was accepted as credible and corroborated by documentary proof. The court rejected the respondents' denial of knowledge, finding it improbable that Du Pisanie, who regularly communicated with Branco and was responsible for handling legal documents, would not have informed him of such critical matters. A…

Source excerpt

• Sale In Execution
• Ownership Of Movable Property
• Lien
• Magistrates Court Act Section 70
• Good Faith Purchaser
• Judicial Attachment

Singh v Minister of Education, Kwazulu- Natal (13243/2005)

Singh v Minister of Education, Kwazulu- Natal (13243/2005) [2009] ZAKZDHC 2; ; 2009 (5) BCLR 480 (CC) (3 March 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

13243/2005

Judge

Msimang

The court found the defendant liable after accepting the plaintiff’s version that an employee undertook to provide pension information that would avert a sale in execution.

• Breach Of Contract
• Vicarious Liability
• Sale In Execution
• Damages Liability
• Judicial Attachment
• Breach-of-contract