South Africa Case Law

Mare v De La Rey (NWK Limited Intervening) (89303/2016)

Mare v De La Rey (NWK Limited Intervening) (89303/2016) [2017] ZAGPPHC 784 (27 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

89303/2016

Judge

Kubushi

The court found that it lacked jurisdiction to entertain the sequestration application because the respondent resides in Koster, which falls within the jurisdiction of the North West High Court. Section 149(1) of the Insolvency Act governs jurisdiction in sequestration matters, and the applicant's reliance on common law grounds was misplaced. The provisional sequestration order and rule nisi issued by the North Gauteng High Court were therefore null and void. The court accepted that, in line with section 27 of the Superior Courts Act and relevant case law, the matter should be transferred to…

Source excerpt

• Sequestration Jurisdiction
• Insolvency Act Section 149
• Transfer Of Proceedings
• Rule Nisi Discharge

Johannesburg Bara Qwaqwa Transport Services Taxi Association (Pty) Ltd (JBQQTA) v Gauteng Provincial Transport Regulator Entity and Others (72861/12)

Johannesburg Bara Qwaqwa Transport Services Taxi Association (Pty) Ltd (JBQQTA) v Gauteng Provincial Transport Regulator Entity and Others (72861/12) [2015] ZAGPPHC 974 (4 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

72861/12

Judge

E.M. Kubushi

The High Court dismissed a stalled review application as abandoned for want of prosecution, discharged the rule nisi, and ordered party-and-party costs.

• Review Application Abandonment
• Rule Nisi Discharge
• Condonation For Late Filing
• Taxi Rank Allocation
• Review-application-abandonment
• Want-of-prosecution