Citibank N.A v Van Zyl and Another (3805/2004)
Citibank N.A v Van Zyl and Another (3805/2004) [2004] ZAFSHC 131 (9 December 2004)
The High Court has jurisdiction to enforce contempt proceedings for non-compliance with magistrate's court orders where good and sufficient circumstances exist, as confirmed by the Constitutional Court in Bannatyne v Bannatyne. The interim attachment order granted by the magistrate's court was interlocutory and not appealable; thus, the notice of appeal did not suspend its operation. The first respondent, as sole trustee, was served with and informed of the orders and failed to comply, providing no credible explanation for non-compliance. The evidence established beyond reasonable doubt that…
Source excerpt
- Contempt Of Court
- Magistrates Court Orders
- Interim Attachment
- Onus And Standard Of Proof
- Trustee Liability