South Africa Case Law

Red Sage Properties 91 (Pty) Ltd v Trustees for the Time Being of the Remora Trust (Karen Cronje N.O) (11045/2024)

Red Sage Properties 91 (Pty) Ltd v Trustees for the Time Being of the Remora Trust (Karen Cronje N.O) (11045/2024) [2025] ZALMPPHC 6 (31 January 2025)

Court

Limpopo High Court, Polokwane

Case number

11045/2024

Judge

M Z Makoti

The court dismissed a late condonation application to file a Rule 7(1) notice, but still moved the sequestration matter from the unopposed to opposed roll.

• Condonation
• Challenge To Authority
• Rule 7 Uniform Rules
• Sequestration Application
• Rule-7
• Challenge-to-authority

Singh v Body Corporate of St Tropez (386/2023)

Singh v Body Corporate of St Tropez (386/2023) [2024] ZASCA 142 (21 October 2024)

Court

Supreme Court of Appeal

Case number

386/2023

Judges

Ponnan, Mokgohloa, Keightley, Hendricks, Naidoo

The Supreme Court of Appeal set aside a provisional sequestration order after finding the presiding judge should have recused herself for apparent conflict of interest.

• Recusal Of Judge
• Conflict Of Interest
• Sequestration Application
• Judicial Conduct
• Reasonable Apprehension Of Bias
• Recusal-of-judge

Liebman v Liebman In re: Liebman v Liebman (24227/2021)

Liebman v Liebman In re: Liebman v Liebman (24227/2021) [2022] ZAGPPHC 957 (5 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

24227/2021

Judge

E van der Schyff

The court found that the respondent, despite protestations of continued domicile in South Africa, had relocated to the United States for medical reasons and to be with family, shipped his assets abroad, and maintained only minimal ties to South Africa. The respondent’s intention to return was not substantiated by facts, and his physical absence was prolonged. The court held that the respondent is a peregrinus, lacking sufficient assets in South Africa to satisfy a potential costs order. Accordingly, the respondent was ordered to furnish security for costs in the sequestration application, wit…

Source excerpt

• Security For Costs
• Peregrinus Status
• Domicile Of Choice
• Sequestration Application

Body Corporate Garden v Ekoere (19470/13)

Body Corporate Garden v Ekoere (19470/13) [2014] ZAGPPHC 586 (15 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

19470/13

Judge

BAM

The High Court dismissed an application to sequestrate a unit owner over unpaid levies, finding the proved debt was insufficient and sequestration unjustified.

• Sequestration Application
• Default Judgment
• Outstanding Levies
• Deeds Of Insolvency
• Sequestration-application
• Default-judgment

Swanepoel v Swanepoel and Another (21202/2007)

Swanepoel v Swanepoel and Another (21202/2007) [2008] ZAGPHC 59 (8 February 2008)

Court

High Courts - Gauteng

Case number

21202/2007

Judge

Ledwaba

The High Court dismissed an application for a declaratory order about confidentiality and proposed sequestration evidence, holding that other remedies were available.

• Confidentiality Agreement
• Declaratory Relief
• Breach Of Contract
• Sequestration Application
• Declaratory-relief
• Confidentiality-agreements

Penta Communication Services (Pty) Ltd v King and Another (6580/06)

Penta Communication Services (Pty) Ltd v King and Another (6580/06) [2006] ZAWCHC 61; 2007 (3) SA 471 (C) (22 December 2006)

Court

Western Cape High Court, Cape Town

Case number

6580/06

Judge

LJ Bozalek

The court held that Rule 35(12) does not oblige a party to produce documents whose existence is merely inferred from statements in affidavits; there must be a direct or indirect reference to the document. The applicant was justified in refusing production of documents for items where no such reference existed. However, for items 4 and 13, the applicant had clearly referred to specific documents in its founding affidavit and was therefore obliged to produce them, regardless of their bulk or whether the second respondent already possessed copies. The second respondent, although not a substantiv…

Source excerpt

• Uniform Rule 35 12
• Discovery Of Documents
• Sequestration Application
• Abuse Of Process