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South Africa Case Law

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Commercial And Corporate [2025] ZAGPJHC 665

Sayers v Snaid and Morris Incorporated (130616/2023)

Sayers v Snaid and Morris Incorporated (130616/2023) [2025] ZAGPJHC 665 (8 July 2025)

The High Court granted a final winding-up order, finding the respondent unlawfully misrepresented liability for fees and pursued inflated execution against a creditor.

  • Just And Equitable Winding Up
  • Fraudulent Conduct
  • Liquidation And Distribution Account
  • Creditor Rights
  • Companies Act
  • Misrepresentation
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Civil Procedure [2025] ZAGPPHC 652

K2015353134 (South Africa) (Pty) Limited v Sibiya N.O and Others (056154/2024)

K2015353134 (South Africa) (Pty) Limited v Sibiya N.O and Others (056154/2024) [2025] ZAGPPHC 652 (25 June 2025)

The High Court struck an urgent application from the roll because the applicant failed to show urgency or lack of substantial redress in due course.

  • Urgent Interdict
  • Liquidation And Distribution Account
  • Arbitration Appeal
  • Variation Of Court Order
  • Urgent-applications
  • Lack-of-urgency
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Family And Children [2025] ZAECMHC 39

Tshali and Another v Nandi and Others (5307/2022)

Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025)

The court found that the applicants failed to prove that they were customarily adopted children of the deceased in accordance with Xhosa customary law. The evidence showed no relinquishing of parental rights by the biological parents, no formal adoption ceremony, and no agreement between families as required by customary law. The deceased's acceptance and support of the applicants, while compassionate, did not meet the legal requirements for customary law adoption. The applicants' reliance on documentation and beneficiary status was insufficient, as the Act requires acceptance in accordance w…

  • Customary Law Adoption
  • Intestate Succession
  • Reform Of Customary Law Of Succession Act
  • Heirship Dispute
  • Liquidation And Distribution Account
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Commercial And Corporate [2025] ZAFSHC 41

Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (4006/2024)

Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (4006/2024) [2025] ZAFSHC 41 (13 February 2025)

The High Court dismissed a review of liquidation-account decisions, holding that Standard Bank’s claim was validly admitted and that the other objections lacked merit.

  • Companies Act 1973 Section 407 Review
  • Liquidation And Distribution Account
  • Secured Creditor Priority
  • Admission Of Claims In Liquidation
  • Interest On Claims
  • Costs In Liquidation
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Civil Procedure [2025] ZAGPJHC 70

B.L.R v E.M.D and Others (2022/020919)

B.L.R v E.M.D and Others (2022/020919) [2025] ZAGPJHC 70 (31 January 2025)

The High Court removed an executrix for failing to comply with Master’s directives and ordered R450,000 paid into an estate account.

  • Administration Of Estates Act
  • Removal Of Executor
  • Joint Ownership Of Property
  • Liquidation And Distribution Account
  • Maladministration Of Estate
  • Settlement Of Divorce Claims
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Civil Procedure [2025] ZANWHC 2

Master of the High Court Mahikeng v Van Der Westhuizen N.O and Others (M620/2022)

Master of the High Court Mahikeng v Van Der Westhuizen N.O and Others (M620/2022) [2025] ZANWHC 2 (6 January 2025)

The High Court rescinded a default declaratory order and set aside a liquidation account, finding a bona fide defence despite a weak explanation for the Master’s default.

  • Rescission Of Judgment
  • Default Judgment
  • Liquidation And Distribution Account
  • Doctrine Of Peremption
  • Interpretation Of Insolvency Legislation
  • Rescission-of-judgment
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Civil Procedure [2024] ZAMPMBHC 85

Visagie v Bosua N.O and Others (342/2024)

Visagie v Bosua N.O and Others (342/2024) [2024] ZAMPMBHC 85 (29 November 2024)

The High Court refused to remove an executor despite delay and statutory non-compliance in administering a deceased estate, finding removal unjustified on the evidence.

  • Removal Of Executor
  • Administration Of Deceased Estates
  • Executor Duties
  • Liquidation And Distribution Account
  • Section 54 Administration Of Estates Act
  • Removal-of-executor
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Administrative Law [2024] ZAFSHC 355

M.C.M (obo P, R and N.M) v Pedzisai N.O and Others (1251/2023)

M.C.M (obo P, R and N.M) v Pedzisai N.O and Others (1251/2023) [2024] ZAFSHC 355 (30 October 2024)

The court found that the applicant failed to provide credible evidence that the first respondent's appointment as executrix was unlawful or that her signature was forged. The division of inheritance was based on the available legal documentation, and the executrix acted on information provided by the next of kin. The applicant's loss of trust and disagreement over the inheritance allocation did not constitute sufficient grounds for removal under s 54(1)(a)(v) of the Administration of Estates Act. The Master had properly exercised his supervisory role and found no maladministration. The intere…

  • Administration Of Estates Act
  • Removal Of Executor
  • Fiduciary Duties
  • Liquidation And Distribution Account
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Family And Children [2024] ZAFSHC 320

Maree v Maree and Others (3457/2023)

Maree v Maree and Others (3457/2023) [2024] ZAFSHC 320 (17 October 2024)

The High Court granted leave to appeal to the Full Bench over objections to a liquidation and distribution account and the enforceability of a habitatio claim.

  • Maintenance Of Surviving Spouses
  • Right Of Habitatio
  • Leave To Appeal
  • Liquidation And Distribution Account
  • Leave-to-appeal
  • Deceased-estate-administration
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Civil Procedure [2024] ZAWCHC 280

D.B v Brand and Another (13157/2024)

D.B v Brand and Another (13157/2024) [2024] ZAWCHC 280; [2025] 1 All SA 102 (WCC) (26 September 2024)

The High Court removed an executor whose prior role, beneficiary interest, and conduct created a conflict that prejudiced administration of the joint estate.

  • Removal Of Executor
  • Administration Of Estates Act
  • Conflict Of Interest
  • Matrimonial Property Act
  • Fiduciary Duty
  • Liquidation And Distribution Account
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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.