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South Africa Case Law

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Civil Procedure [2013] ZAGPPHC 436

Industrial Development Corporation of South Africa Limited v Van Niekerk and Another (42746/13)

Industrial Development Corporation of South Africa Limited v Van Niekerk and Another (42746/13) [2013] ZAGPPHC 436 (28 November 2013)

Court
North Gauteng High Court, Pretoria
Case number
42746/13
Judge
Tuchten

High Court provisional sequestration order granted over the respondents’ joint estate after finding prima facie insolvency and reason to believe creditors may benefit.

  • Provisional Sequestration
  • Suretyship
  • Advantage To Creditors
  • Misappropriation Of Assets
  • Breach Of Suretyship
  • Disposition Of Property
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Civil Procedure [2013] ZAGPPHC 361

Industrial Development Corporation of South Africa Limited v Van Niekerk and Another (42726/13)

Industrial Development Corporation of South Africa Limited v Van Niekerk and Another (42726/13) [2013] ZAGPPHC 361 (28 November 2013)

Court
North Gauteng High Court, Pretoria
Case number
42726/13
Judge
Tuchten

The High Court granted provisional sequestration of spouses’ joint estate, finding prima facie insolvency and a reasonable prospect that investigation could uncover recoverable assets.

  • Provisional Sequestration
  • Suretyship
  • Misappropriation Of Assets
  • Advantage To Creditors
  • Breach Of Loan Agreement
  • Provisional-sequestration
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Civil Procedure [2011] ZAGPJHC 84

Hannover Reinsurance Group Africa (Pty) Ltd and Another v Gungudoo and Another (2009/35648)

Hannover Reinsurance Group Africa (Pty) Ltd and Another v Gungudoo and Another (2009/35648) [2011] ZAGPJHC 84; 2012 (1) SA 125 (GSJ) (21 April 2011)

Court
South Gauteng High Court, Johannesburg
Case number
2009/35648
Judge
M Tsoka

High Court confirmed final sequestration after finding substantial compliance with section 9(4A), factual insolvency, and no bona fide dispute of the debt.

  • Provisional Sequestration
  • Service On Employees
  • Insolvency Act Section 9 4a
  • Breach Of Mandate
  • Misappropriation Of Assets
  • Advantage Of Creditors
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.