South Africa Case Law

Ellison v Breytenbach N.O and Another (A278/2022)

Ellison v Breytenbach N.O and Another (A278/2022) [2025] ZAGPPHC 565 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A278/2022

Judges

Van der Westhuizen, N Davis, N G M Mazibuku

The court held that the Kollapen order did not constitute a new South African sequestration order but rather recognised the UK bankruptcy and empowered the first respondent to administer the appellant's South African assets. The appellant remained an undischarged bankrupt in the UK, and the findings of Kollapen J were res iudicata before Collis J. The court a quo had no jurisdiction to reinterpret or vary the Kollapen order, and the appellant's contentions regarding rehabilitation and the effect of time were without merit. The appeal was dismissed as there was no basis to overturn the evictio…

Source excerpt

• Recognition Of Foreign Insolvency Orders
• Eviction
• Res Judicata
• Trustee Powers
• Rehabilitation Of Bankrupts