M.M v R.O (6296/2022) [2024] ZAWCHC 203 (13 August 2024)
Court
Western Cape High Court, Cape Town
Case number
6296/2022
Judge
E.D Wille
The court dismissed a reconsideration application and upheld an order requiring the applicant’s brother to produce documents and give oral evidence in a Rule 43 variation matter.
J.S.B v B.B N.O and Others (2048/2022) [2024] ZANCHC 15 (16 February 2024)
Court
Northern Cape High Court, Kimberley
Case number
2048/2022
Judge
Mamosebo
The court found that the applicant, despite being an unrehabilitated insolvent, retains locus standi to litigate in his personal capacity regarding the appointment of trustees, as the right in question does not pertain to his insolvent estate but to the trust assets. The trust deed, specifically clause 5.3.1, vests the exclusive authority to appoint substituting trustees in the applicant. The first respondent's resolution appointing the second and third respondents as trustees was unlawful, as her powers are limited to appointing additional trustees, not filling vacancies created by the appli…
Leloko Homeowners Association v Letele and Others (030838/22) [2023] ZAGPPHC 607 (2 August 2023)
Court
North Gauteng High Court, Pretoria
Case number
030838/22
Judge
Skosana
High Court review of a CSOS adjudication order succeeded because the applicant lacked locus standi, a prior magistrates’ judgment existed, and submissions were incomplete.
Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203) [2023] ZAGPJHC 203 (7 March 2023)
Court
South Gauteng High Court, Johannesburg
Case number
2023-014203
Judge
Windell
The High Court dismissed an urgent application to unfreeze an insolvent applicant’s bank account, holding the trustees were entitled to take control without prior notice.
Nayager and Another v Venter NO and Others, In re: Vorster NO v Erf 603 Benoni CC (53041/2016) [2017] ZAGPPHC 729 (20 November 2017)
Court
North Gauteng High Court, Pretoria
Case number
53041/2016
Judge
Tuchten
The High Court dismissed a rescission application against a close corporation liquidation, holding that neither applicant had standing and no good cause was shown.
Gcora and Others v Nelson Mandela Municipality and Another (1414/2016) [2016] ZAECPEHC 84 (20 October 2016)
Court
Eastern Cape High Court, Port Elizabeth
Case number
1414/2016
Judge
J W Eksteen
The High Court held that there was no basis for a single judge to declare another judge’s decision null and void, and dismissed the application for lack of standing and on the merits.
Enslin and Another v Enslin (1741/2012) [2015] ZANWHC 26 (2 July 2015)
Court
North West High Court, Mafikeng
Case number
1741/2012
Judge
R D Hendricks
Leave to appeal was dismissed because the sequestrated applicant lacked locus standi to seek a trustee’s removal, and the co-trustee gave no factual basis for relief.
Van Den Heever NO v Klara NO and Others (317/2007) [2009] ZAGPPHC 8 (18 March 2009)
Court
North Gauteng High Court, Pretoria
Case number
317/2007
Judge
B.R. Southwood
The court held that Lionel Greenberg’s membership interest in Seagate Technologies CC formed part of his insolvent estate and had to be dealt with in the sequestration.