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South Africa Case Law

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Civil Procedure [2013] ZAGPPHC 183

Maleka and Another v Nedbank Ltd and Others (23766/2008)

Maleka and Another v Nedbank Ltd and Others (23766/2008) [2013] ZAGPPHC 183 (3 July 2013)

Court
North Gauteng High Court, Pretoria
Case number
23766/2008
Judge
Kubushi

The court found that the sale in execution and subsequent transfer of the applicants' residential property were invalid because the warrant of execution was issued without the judicial oversight required by section 26 of the Constitution and the principles established in Jaftha v Schoeman. The court held that the applicants' right to adequate housing was infringed, as the court did not consider all relevant circumstances before issuing the writ, especially given the lapse of four years since the original order. The absence of judicial oversight rendered both the warrant and the sale in execut…

Source excerpt

  • Judicial Oversight Of Execution
  • Section 26 Right To Housing
  • Sale In Execution
  • Nullity Of Transfer
  • Summary Judgment
  • Appropriate Relief
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Civil Procedure [1990] ZASCA 56

Vermaak v Joubert & May (171/88)

Vermaak v Joubert & May (171/88) [1990] ZASCA 56; 1990 (3) SA 866 (AD); [1990] 2 All SA 388 (A) (30 May 1990)

Court
Supreme Court of Appeal
Case number
171/88
Judges
Joubert, Grosskopf, Kumleben, Eksteen, Nienaber

The court held that the advertisements published by Joubert & May did not comply with section 34(1) of the Insolvency Act, as they were published after the sale had already taken place, rather than at least 30 days before as required. Consequently, the sale was void against creditors for six months from the date of sale. However, Vermaak did not execute against the business assets within this six-month period, and his claim did not relate to a debt connected with the business. The second execution, which occurred outside the statutory period, was invalid. As a result, Schilt suffered no loss,…

Source excerpt

  • Insolvent Trading
  • Publication Of Notice
  • Nullity Of Transfer
  • Estoppel
  • Execution Against Property
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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.