South Africa Case Law

Rogal Holdings (Pty) Ltd and Others v Naidoo and Others (066197/2023)

Rogal Holdings (Pty) Ltd and Others v Naidoo and Others (066197/2023) [2025] ZAGPPHC 156 (12 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

066197/2023

Judge

BAM

The court found that the applicants, as contingent creditors, failed to join First Rand Bank Limited and other creditors who received proceeds from the sale of the property. The failure to join these parties is fatal, as any order setting aside the sale and transfer would necessarily prejudice their interests. The liquidators, after investigating the transaction, elected to ratify the sale and transfer, which is within their statutory powers. The applicants did not challenge this election nor demonstrate that the transaction was contrary to the interests of the general body of creditors. The…

Source excerpt

• Non Joinder
• Liquidation Proceedings
• Business Rescue
• Sale Of Insolvent Property
• Creditor Rights
• Ratification Of Transaction

Du Plessis v Majiedt N.O and Others (841/2023)

Du Plessis v Majiedt N.O and Others (841/2023) [2025] ZASCA 4; [2025] 2 All SA 16 (SCA); 2025 (4) SA 74 (SCA) (28 January 2025)

Court

Supreme Court of Appeal

Case number

841/2023

Judges

Dambuza, Molefe, Smith, Mjali, Naidoo

The appellant, having been provisionally sequestrated at the time of instituting the main application, was divested of his estate and lacked locus standi to litigate in his own name without the knowledge and consent of his provisional trustees. The discharge of the provisional sequestration order did not retrospectively restore his locus standi, as the Insolvency Act 24 of 1936 does not contain such a provision. The lease agreement was void and unenforceable due to non-compliance with the mortgage bond's requirement for written consent from FNB, and the trustees did not elect to continue the…

Source excerpt

• Locus Standi Of Insolvent
• Validity Of Lease
• Sale Of Insolvent Property
• Interdictory Relief
• Trustee Powers Under Insolvency Act

Boikanyo NO and Others v Qambi and Another (34999/2014)

Boikanyo NO and Others v Qambi and Another (34999/2014) [2017] ZAGPPHC 950 (8 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

34999/2014

Judge

Petersen

The applicants, as trustees of the insolvent estate, are the registered owners of the property. The sale agreement with the first respondent was cancelled due to non-payment of the balance of the purchase price. The respondents have remained in unlawful occupation since March 2012. The applicants complied with the procedural requirements of section 4(2) of the PIE Act. The defences raised by the first respondent, including the 21-day confirmation period and alleged latent defects, are not valid. The voetstoots clause binds the respondent, and no evidence was provided of adverse impact or inab…

Source excerpt

• Eviction Under Pie Act
• Unlawful Occupation
• Voetstoots Clause
• Sale Of Insolvent Property
• Caveat Subscriptor

Swart v Starbuck and Others (CCT153/16)

Swart v Starbuck and Others (CCT153/16) [2017] ZACC 23; 2017 (10) BCLR 1325 (CC); 2017 (5) SA 370 (CC) (29 June 2017)

Court

Constitutional Court

Case number

CCT 153/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

Condonation for late filing was granted as the delay was satisfactorily explained and caused no prejudice. Leave to appeal was refused because the applicant’s damages claim under section 82(8) of the Insolvency Act was premised on the absence of valid authorisation by the Master, but the Master’s authorisation for the sale of the properties was legally valid and had not been set aside. The sale agreements were subject to suspensive conditions and only became binding upon fulfilment, which occurred after the trustees’ appointment and the Master’s authorisation. The applicant failed to challeng…

Source excerpt

• Insolvency Act Section 80bis
• Trustee Authorisation
• Administrative Action Review
• Sale Of Insolvent Property
• Condonation
• Statutory Damages

Swart v CA Starbuck and Others (48444/2008)

Swart v CA Starbuck and Others (48444/2008) [2010] ZAGPPHC 91 (24 August 2010)

Court

North Gauteng High Court, Pretoria

Case number

48444/2008

Judge

Bam

Court dismissed an exception and a Rule 47 security-for-costs application in a dispute over alleged maladministration of an insolvent estate.

• Exception Procedure
• Locus Standi
• Maladministration Of Insolvent Estate
• Security For Costs
• Sale Of Insolvent Property
• Exception-procedure

Inyanga Trading 472 (Edms) BPK and Others v kruger NO and Others (38444/08)

Inyanga Trading 472 (Edms) BPK and Others v kruger NO and Others (38444/08) [2010] ZAGPPHC 273 (25 June 2010)

Court

North Gauteng High Court, Pretoria

Case number

38444/08

Judge

F G Preller

The court dismissed an urgent bid to stop transfer of insolvent estate farm property, holding there was no fraud or procedural irregularity in the sale.

• Sale Of Insolvent Property
• Curator Powers
• Market Value Dispute
• Costs Order
• Sale-of-insolvent-property
• Curator-powers