South Africa Case Law

Koopkrag (Pty) Ltd v Taute, Bouwer and Cilliers Inc and Others (A166/2024)

Koopkrag (Pty) Ltd v Taute, Bouwer and Cilliers Inc and Others (A166/2024) [2025] ZAGPPHC 165 (14 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A166/2024

Judges

Yende AJ, Labuschagne J, Mazibuko AJ

The Full Court held that the sheriff failed to comply with the procedural requirements by not notifying Koopkrag, the title holder, of the date of the auction as required by Rule 42(2) of the Magistrates' Courts Rules. The motor vehicle, being subject to an instalment sale agreement, was not susceptible to attachment under the landlord's tacit hypothec in terms of section 2(1)(b) of the Security by Means of Movable Property Act. The deprivation of Koopkrag's property without proper notice constituted arbitrary deprivation under section 25 of the Constitution. The sale in execution was therefo…

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• Sale In Execution
• Tacit Hypothec
• Interpleader Proceedings
• Security By Means Of Movable Property Act
• Arbitrary Deprivation Of Property
• Authority To Institute Proceedings

Firstrand Bank Ltd v 39 Indaba Accommodation & Catering (Pty) Ltd (3062/2020)

Firstrand Bank Ltd v 39 Indaba Accommodation & Catering (Pty) Ltd (3062/2020) [2021] ZAFSHC 124 (17 May 2021)

Court

Free State High Court, Bloemfontein

Case number

3062/2020

Judge

N.M. MBHELE

The High Court authorised Firstrand Bank to perfect a notarial bond over the respondent’s livestock after finding valid authority, debt proof, and a sufficiently identifiable bond.

• Notarial Bond Perfection
• Certificate Of Balance
• Proof Of Authority
• Security By Means Of Movable Property Act
• Notarial-bond-perfection
• Certificate-of-balance

Coetzer v Quad Ostrich Farming (Pty) Ltd (3052/2020)

Coetzer v Quad Ostrich Farming (Pty) Ltd (3052/2020) [2020] ZAFSHC 190 (14 October 2020)

Court

Free State High Court, Bloemfontein

Case number

3052/2020

Judge

C Nekosie

The court held that, although the notarial bond and agreement to perfect conferred rights on the applicant, judicial sanction was required to avoid any challenge based on invalidity or unconstitutionality, particularly in light of the respondent's refusal to cooperate and the imminent sale of the property by a third-party creditor. The applicant's approach to court was justified by the respondent's conduct and the risk of prejudice. The rule nisi previously granted was confirmed, with a minor amendment to the referenced annexure, as the applicant had properly made out a case for urgent relief…

Source excerpt

• Notarial Bond Perfection
• Security By Means Of Movable Property Act
• Parate Execution
• Urgent Interdict
• Real Rights In Movable Property

Factaprops 1052 CC and Another v Land and Agricultural Development Bank of South Africa t/a Land Bank (353/2016)

Factaprops 1052 CC and Another v Land and Agricultural Development Bank of South Africa t/a Land Bank (353/2016) [2017] ZASCA 45; 2017 (4) SA 495 (SCA) (30 March 2017)

Court

Supreme Court of Appeal

Case number

353/2016

Judges

Tshiqi, Zondi, Van der Merwe, Nicholls, Coppin

The Supreme Court of Appeal held that the phrase 'mortgage bond' in section 11(a)(i) of the Prescription Act 68 of 1969 must be interpreted to include a special notarial bond. This conclusion is supported by the ordinary grammatical meaning of 'mortgage', the Afrikaans text of the Act, historical legislative usage, and the public record nature of notarial bonds. The distinction drawn in the Deeds Registries Act is relevant only for deeds attestation and registration, not for prescription purposes. Consequently, the applicable prescription period for a debt secured by a special notarial bond i…

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• Prescription Periods
• Special Notarial Bond
• Mortgage Bond Interpretation
• Security By Means Of Movable Property Act
• Suretyship Liability

Farmsecure Grains (Edms) Bpk v Du Toit en Ander (2382/2012)

Farmsecure Grains (Edms) Bpk v Du Toit en Ander (2382/2012) [2012] ZAFSHC 178; 2013 (1) SA 462 (FB) (20 September 2012)

Court

Free State High Court, Bloemfontein

Case number

2382/2012

Judge

L J Lekale

The court found that the applicant, as holder of a special notarial bond, has a real right over the specified movable property and may enforce this right without prior demand or request, unless the bond or contract expressly requires such notice. The interim order only authorised attachment by the sheriff and did not require removal or handover, aligning with the applicant's undertaking to maintain control without removal. The court distinguished the present case from those involving general notarial bonds, where a request or demand may be necessary. However, the court was not persuaded that…

Source excerpt

• Special Notarial Bond
• Possessionless Pledge
• Specific Performance
• Security By Means Of Movable Property Act

Scheltema Beleggings CC v Commercial Truck and Trailer Sales CC (35420/08)

Scheltema Beleggings CC v Commercial Truck and Trailer Sales CC (35420/08) [2010] ZAGPPHC 28 (1 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

35420/08

Judge

Legodi

The High Court held that a special notarial bond sufficiently described a truck and trailer, and that their sale was not in the ordinary course of business.

• Special Notarial Bond
• Security By Means Of Movable Property Act
• Ordinary Course Of Business
• Purchase Price Recovery
• Damages For Loss Of Property
• Special-notarial-bond

Griekwaland Wes Korporatief v Sherrif, Hartswater Warren Ton Vin and Others, Sherrif, Hartswater Warren Ton Vin and Another v Monanda Landbou Dienste (J2404/05)

Griekwaland Wes Korporatief v Sherrif, Hartswater Warren Ton Vin and Others, Sherrif, Hartswater Warren Ton Vin and Another v Monanda Landbou Dienste (J2404/05) [2009] ZALC 77; (2010) 31 ILJ 632 (LC) (29 April 2009)

Court

Labour Court

Case number

J2404/05

Judge

Molahlehi

The Labour Court rescinded a default order after finding defective interpleader notices and holding that the applicant had shown sufficient cause and prospects of success.

• Rescission Of Judgment
• Interpleader Proceedings
• Notarial Bond
• Writ Of Execution
• Security By Means Of Movable Property Act
• Rescission-of-judgment

Griekwaland Wes Korporatief v Vin and Others, In Re: Vin and Others v Monanda Landbou Dienste (J2404/05)

Griekwaland Wes Korporatief v Vin and Others, In Re: Vin and Others v Monanda Landbou Dienste (J2404/05) [2009] ZALCJHB 85 (29 April 2009)

Court

Labour Court Johannesburg

Case number

J2404/05

Judge

Molahlehi

The Labour Court rescinded an earlier interpleader order because the sheriff’s notices were defective and the applicant was not properly brought into the proceedings.

• Rescission Of Judgment
• Interpleader Proceedings
• Notarial Bond Priority
• Execution Of Awards
• Security By Means Of Movable Property Act
• Rescission-of-judgment

Ikea Trading und Design AG v BOE Bank Ltd (77/2003)

Ikea Trading und Design AG v BOE Bank Ltd (77/2003) [2004] ZASCA 27; 2005 (2) SA 7 (SCA) (1 April 2004)

Court

Supreme Court of Appeal

Case number

77/2003

Judges

Zulman, Farlam, Nugent, Lewis, Ponnan

The court held that a notarial bond under s 1(1) must describe movable property so it is identifiable from the bond alone; extrinsic evidence cannot cure vague descriptions.

• Notarial Bond Requirements
• Security By Means Of Movable Property Act
• Deemed Pledge
• Description Of Property In Bond
• Notarial-bond-requirements
• Security-by-means-of-movable-property-act