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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 752

Shapiro v Wolpe (2024/060632)

Shapiro v Wolpe (2024/060632) [2025] ZAGPJHC 752 (30 July 2025)

The High Court granted provisional sequestration against Jonathan Wolpe, finding a prima facie unjust enrichment claim, insolvency indicators, and advantage to creditors.

  • Provisional Sequestration
  • Unjust Enrichment
  • National Credit Act Compliance
  • Advantage To Creditors
  • Acts Of Insolvency
  • Provisional-sequestration
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Civil Procedure [2025] ZAGPPHC 726

Bester N.O and Others v Maas N.O and Another (2025-071547)

Bester N.O and Others v Maas N.O and Another (2025-071547) [2025] ZAGPPHC 726 (17 July 2025)

The court found that the applicants failed to provide objective evidence of ongoing dissipation of the Trust's assets and did not adequately explain the delay in launching the urgent application. The urgency was deemed self-created, as the applicants had knowledge of the Trust's identity since 2023 but only instituted urgent proceedings in 2025, despite already having pending action proceedings for the same relief. The applicants did not demonstrate that they would be unable to obtain substantial redress in due course. Consequently, the court declined to hear the matter as urgent and struck i…

  • Provisional Sequestration
  • Urgent Application
  • Impeachable Disposition
  • Insolvency Act Section 26
  • Locus Standi
  • Lis Pendens
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Civil Procedure [2025] ZAGPPHC 500

Rayal Industrial (Pty) Ltd v Khan (076126/2023)

Rayal Industrial (Pty) Ltd v Khan (076126/2023) [2025] ZAGPPHC 500 (13 May 2025)

The court found that the respondent’s late answering affidavit should be condoned in the interests of justice, as the applicant was not severely prejudiced and had filed a replying affidavit. On the merits, the applicant established a prima facie claim for a liquidated amount exceeding R90 million, supported by unchallenged evidence of fraudulent misappropriation by the respondent. The respondent’s defence consisted of blanket denials and unsupported allegations regarding the applicant’s deponent, which were rejected for lack of evidence and credibility. The respondent admitted participation…

  • Provisional Sequestration
  • Insolvency Act
  • Creditor Claims
  • Condonation Of Late Filing
  • Fraudulent Misappropriation
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Civil Procedure [2025] ZAGPJHC 456

Liphosa v Body Corporate of Philberta Court (2021/55797)

Liphosa v Body Corporate of Philberta Court (2021/55797) [2025] ZAGPJHC 456 (12 May 2025)

The High Court dismissed an application to rescind a provisional sequestration order, finding no case made out for rescission and awarding attorney-client costs.

  • Provisional Sequestration
  • Rescission Application
  • Wilful Default
  • Bona Fide Defence
  • Uniform Rules Of Court
  • Punitive Costs
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Civil Procedure [2025] ZAGPJHC 415

SA Sportsbook (Pty) Limited t/a Yesplay v K.P and Another (2025/034789)

SA Sportsbook (Pty) Limited t/a Yesplay v K.P and Another (2025/034789) [2025] ZAGPJHC 415 (2 May 2025)

The court found that the respondents' alleged indebtedness to the applicant was disputed on bona fide and reasonable grounds, and the applicant's claim was unliquidated, requiring proof of quantum before liability could be established. The 'without prejudice' correspondence relied upon by the applicant did not contain unequivocal admissions of liability or insolvency and was therefore privileged and inadmissible. The respondents successfully demonstrated a complete defence to the sequestration application. Furthermore, the urgency claimed by the applicant was self-created due to its delay in…

  • Provisional Sequestration
  • Acts Of Insolvency
  • Without Prejudice Correspondence
  • Urgent Application
  • Liquidated Claim Requirement
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Civil Procedure [2025] ZAKZPHC 61

Tower Property Fund Limited v Burgczak (5663/24P)

Tower Property Fund Limited v Burgczak (5663/24P) [2025] ZAKZPHC 61 (3 April 2025)

The High Court dismissed condonation for a late answering affidavit and granted a provisional sequestration order after finding an act of insolvency under section 8(b).

  • Provisional Sequestration
  • Condonation
  • Act Of Insolvency
  • Nulla Bono Return
  • Provisional-sequestration
  • Act-of-insolvency
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Civil Procedure [2025] ZAGPPHC 214

Body Corporate of Acubens v Foforane (015844/2022)

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.

  • Provisional Sequestration
  • Acts Of Insolvency
  • Nulla Bona Return
  • Creditor Claim
  • Forced Sale Valuation
  • Provisional-sequestration
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Civil Procedure [2025] ZAWCHC 82

De Ridder v Coetzer N.O and Others (5896/22)

De Ridder v Coetzer N.O and Others (5896/22) [2025] ZAWCHC 82 (27 February 2025)

The Western Cape High Court dismissed a provisional sequestration application against a family trust for lack of jurisdiction and ordered costs against the applicant.

  • Provisional Sequestration
  • Jurisdiction Of High Court
  • Trust Liability
  • Creditor Rights
  • Party And Party Costs
  • Provisional-sequestration
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Civil Procedure [2025] ZAGPPHC 25

Platinum Park 1 Homeowners Association NPC v Mokoena and Another (088262/2023)

Platinum Park 1 Homeowners Association NPC v Mokoena and Another (088262/2023) [2025] ZAGPPHC 25 (9 January 2025)

The High Court struck a provisional sequestration application off the roll after finding material non-disclosure of a CSOS order and unresolved governance issues.

  • Provisional Sequestration
  • Condonation
  • Community Scheme Ombud Services
  • Non Disclosure
  • Governance Dispute
  • Provisional-sequestration
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Banking And Finance [2024] ZAECQBHC 78

Zoomlion Capital South Africa (Pty) Ltd v Ferreira and Another (1710/2023)

Zoomlion Capital South Africa (Pty) Ltd v Ferreira and Another (1710/2023) [2024] ZAECQBHC 78 (10 December 2024)

The High Court granted provisional sequestration of the respondents’ joint estate, finding a liquidated claim, factual insolvency, and likely benefit to creditors.

  • Insolvency Act 24 Of 1936
  • Provisional Sequestration
  • Liquidated Claim
  • Advantage To Creditors
  • Factual Insolvency
  • Provisional-sequestration
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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.