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South Africa decisions
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Body Corporate Acubens v Foforane (2022-015844) [2025] ZAGPPHC 649 (25 June 2025)
The High Court confirmed the final sequestration of the respondent’s estate, finding acts of insolvency, a sufficient claim, and advantage to creditors.
Body Corporate of Acubens v Foforane (015844/2022) [2025] ZAGPPHC 214 (3 March 2025)
The High Court granted provisional sequestration after finding a valid debt, acts of insolvency, and reason to believe sequestration would benefit creditors.
Pinehurst Lodge Body Corporate v Fouche and Others (2024/067958) [2025] ZAGPJHC 132 (24 February 2025)
The High Court declined to grant process-in-aid for enforcement of the Magistrates' Court judgment against the respondent's primary residence. The court found that the Magistrates' Court possesses all necessary powers to order and oversee execution against immovable property, including primary residences, and that process-in-aid is only appropriate where the lower court cannot effectively enforce its own judgment. The applicant failed to demonstrate that the Magistrates' Court was institutionally incapable of granting the relief sought, instead merely expressing dissatisfaction with the manne…
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Body Corporate of DSL v Lunika and Another (045914/2022) [2024] ZAGPPHC 804 (6 August 2024)
High Court sequestration matter: the court found an act of insolvency but refused final sequestration, extending the rule nisi and seeking further submissions.
Firstrand Bank Limited v Abdoola (12673/22P) [2024] ZAKZPHC 104 (14 June 2024)
The applicant established all statutory requirements for provisional sequestration: a judgment debt in excess of R100, acts of insolvency through admissions and nulla bona returns, and factual insolvency. The respondent's challenges to the debt were previously dismissed by the courts, including the Constitutional Court, and no evidence was provided to show settlement of the principal debt. The applicant demonstrated advantage to creditors, including the vesting of the spouse's property and the potential for investigation into the respondent's financial affairs. No special circumstances were a…
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Body Corporate of Univer v Pretorius (025536/2023) [2024] ZAGPPHC 510 (6 June 2024)
The High Court granted a provisional sequestration order after finding a liquidated judgment debt, a nulla bona return, and prima facie benefit to creditors.
Anmani Estates Home-Owners Association v Mabena and Another (55669/22) [2023] ZAGPPHC 1798 (25 October 2023)
The High Court granted final sequestration of the Mabena SI Trust after a nulla bona return showed no attachable assets and the respondents failed to rebut insolvency.
Willow Acres Estate Home Owners Association v Mahloboagane and Another (11789/2019) [2023] ZAGPPHC 1817 (17 October 2023)
The High Court set aside a provisional sequestration order, finding no proven act of insolvency on the sheriff’s return and no basis to rescind the settlement agreement.
Le Sueur v Stainton (12504/2022P) [2023] ZAKZPHC 101 (6 October 2023)
The High Court confirmed a provisional sequestration order, finding a reasonable prospect that enquiry could reveal assets for creditors despite the respondent’s denial of assets.
M.B v J.P.M (49323/2021) [2023] ZAGPJHC 449 (9 May 2023)
The High Court granted final sequestration after finding the respondent committed an act of insolvency when a nulla bona return followed unsatisfied execution.
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