South Africa Case Law

Georgiou N.O and Another v Poole and Another (A143/2024 ; 2566/2021)

Georgiou N.O and Another v Poole and Another (A143/2024 ; 2566/2021) [2025] ZAGPPHC 738 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A143/2024 ; 2566/2021

Judges

M J Teffo, M Motha, M M D Lenyai

The court held that the Trust, as heir and beneficiary, does not acquire ownership of the deceased's assets upon death but only a contingent personal right against the executor, enforceable after confirmation of the liquidation and distribution account. This right is financial, not legal, and does not confer locus standi to intervene in sequestration proceedings. The trustees were inquorate and failed to appoint a third trustee as required by the Trust Deed, further undermining their standing. The court found no merit in the argument that Mr Poole lacked locus standi due to the alleged cessio…

Source excerpt

• Locus Standi
• Intervention Application
• Sequestration
• Trust Deed Interpretation
• Business Rescue Plan

Meyersdal Nature Estate Homeowners Association v Makhomisani N.O. and Another (2019/21916)

Meyersdal Nature Estate Homeowners Association v Makhomisani N.O. and Another (2019/21916) [2025] ZAGPJHC 680 (14 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/21916

Judge

Noko

The court found that the applicant failed to comply with the requirements for substitution of parties under Rule 15(2) of the Uniform Rules of Court. The notice of substitution was not personally served on the correct trustee, and no application for leave to substitute was made after the commencement of the hearing. The return of service indicated that service was effected on the incorrect party and not on the trustee who should have been joined. The court held that these procedural defects were fatal to the application, and as a result, the rule nisi could not be confirmed. The applicant's f…

Source excerpt

• Substitution Of Parties
• Sequestration
• Service Of Process
• Trustee Authority

39 Van Der Merwe Street Hillbrow CC and Another v Paragon Cullinan Financial Services Partnership and Others (2025/089172)

39 Van Der Merwe Street Hillbrow CC and Another v Paragon Cullinan Financial Services Partnership and Others (2025/089172) [2025] ZAGPJHC 644 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/089172

Judge

Z Khan

The High Court dismissed an urgent Rule 45A application to stay a sale in execution because the applicants lacked authority to sue, with their members’ interest vested in trustees under section 21.

• Urgent Stay Of Execution
• Authority To Institute Proceedings
• Sequestration And Trustee Control
• Section 21 Insolvency Act
• Arbitration Award Enforcement
• Urgent-stay-of-execution

Body Corporate Acubens v Foforane (2022-015844)

Body Corporate Acubens v Foforane (2022-015844) [2025] ZAGPPHC 649 (25 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-015844

Judge

Kooverjie

The High Court confirmed the final sequestration of the respondent’s estate, finding acts of insolvency, a sufficient claim, and advantage to creditors.

• Sequestration
• Acts Of Insolvency
• Advantage To Creditors
• Nulla Bona Return
• Default Judgment
• Motion Proceedings

Standard Bank of South Africa Limited v Snyman De Jager Attorneys and Another (2025/087641)

Standard Bank of South Africa Limited v Snyman De Jager Attorneys and Another (2025/087641) [2025] ZAGPJHC 624 (24 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/087641

Judge

Liebenberg

The court found that the applicant, as a sequestrating creditor with a substantial claim against the second respondent, had established a prima facie right to seek preservation of the net proceeds from the sale of the Midstream property. The second respondent's financial distress, refusal to provide assurances, and lack of disclosure regarding her assets gave rise to a legitimate apprehension that the proceeds would be dissipated to the prejudice of creditors. The requirements for an interim interdict were satisfied: the applicant demonstrated a prima facie right, irreparable harm if the proc…

Source excerpt

• Anti Dissipation Interdict
• Interim Interdict
• Sequestration
• Creditor Rights
• Balance Of Convenience

Astra Constantine Inc v Jones and Another (25801/2024)

Astra Constantine Inc v Jones and Another (25801/2024) [2025] ZAWCHC 238 (3 June 2025)

Court

Western Cape High Court, Cape Town

Case number

25801/2024

Judge

Sipunzi

The High Court granted provisional sequestration after finding a liquidated claim, an act of insolvency, and a reasonable prospect of benefit to creditors.

• Sequestration
• Advantage To Creditors
• Liquidated Claim
• Act Of Insolvency
• Preferential Payments
• Impeachable Dispositions

Eugene Prinsloo v Donovan Theodore Majiedt N.O and Another (257/2024)

Eugene Prinsloo v Donovan Theodore Majiedt N.O and Another (257/2024) [2025] ZASCA 74 (30 May 2025)

Court

Supreme Court of Appeal

Case number

257/2024

Judges

Matojane, Weiner, Koen, Henney, Modiba

The SCA held that the surviving spouse had to be joined in litigation over whether life insurance proceeds were protected under section 63 of the Long-term Insurance Act.

• Non Joinder
• Long Term Insurance Act
• Policyholder Protection
• Sequestration
• Beneficiary Rights
• Non-joinder

Mokasule v Botha N.O and Others (Reasons) (MG105/2019)

Mokasule v Botha N.O and Others (Reasons) (MG105/2019) [2025] ZANWHC 146 (19 May 2025)

Court

North West High Court, Mafikeng

Case number

MG105/2019

Judge

J T Maodi

The High Court refused condonation and rescission of a sequestration order, struck out a late replying affidavit, and ordered the applicant to pay costs.

• Rescission Of Judgment
• Sequestration
• Condonation
• Attorney Negligence
• Credit Agreements
• Trustee Removal

Firstrand Bank Limited v Nel (022940/2022)

Firstrand Bank Limited v Nel (022940/2022) [2025] ZAGPJHC 617 (13 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

022940/2022

Judge

Senyatsi

The High Court granted provisional sequestration, finding a reasonable prospect of benefit to creditors despite the respondent’s claim of hopeless insolvency.

• Sequestration
• Advantage To Creditors
• Suretyship Liability
• Insolvency Act Section 12
• Disposition Of Assets
• Advantage-to-creditors

Turner Morris One (Pty) Ltd v Steyn (2024/018423)

Turner Morris One (Pty) Ltd v Steyn (2024/018423) [2025] ZAGPJHC 455 (12 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/018423

Judge

Sawma AJ

The High Court dismissed a sequestration application after finding a bona fide and reasonable dispute about the alleged debt, with each party ordered to bear its own costs.

• Sequestration
• Acknowledgement Of Debt
• Bona Fide Dispute
• Oral Loan Agreement
• Practice Directive Costs
• Bona-fide-dispute