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South Africa Case Law

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Family And Children [2024] ZAWCHC 203

M.M v R.O (6296/2022)

M.M v R.O (6296/2022) [2024] ZAWCHC 203 (13 August 2024)

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.

  • Maintenance Variation
  • Rule 43 Procedure
  • Sequestration Effects
  • Confidentiality Of Documents
  • Best Interests Of Child
  • Rule-43-procedure
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Civil Procedure [2024] ZANCHC 15

J.S.B v B.B N.O and Others (2048/2022)

J.S.B v B.B N.O and Others (2048/2022) [2024] ZANCHC 15 (16 February 2024)

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…

  • Trust Deed Interpretation
  • Locus Standi
  • Appointment Of Trustees
  • Sequestration Effects
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Administrative Law [2023] ZAGPPHC 607

Leloko Homeowners Association v Letele and Others (030838/22)

Leloko Homeowners Association v Letele and Others (030838/22) [2023] ZAGPPHC 607 (2 August 2023)

High Court review of a CSOS adjudication order succeeded because the applicant lacked locus standi, a prior magistrates’ judgment existed, and submissions were incomplete.

  • Community Schemes Ombud Service Act
  • Promotion Of Administrative Justice Act
  • Locus Standi
  • Review Of Adjudication
  • Sequestration Effects
  • Administrative-law
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Civil Procedure [2023] ZAGPJHC 203

Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203)

Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203) [2023] ZAGPJHC 203 (7 March 2023)

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.

  • Insolvency Act Application
  • Trustee Powers
  • Bank Account Freezing
  • Urgent Interdict
  • Sequestration Effects
  • Insolvency
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Civil Procedure [2017] ZAGPPHC 729

Nayager and Another v Venter NO and Others, In re: Vorster NO v Erf 603 Benoni CC (53041/2016)

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)

The High Court dismissed a rescission application against a close corporation liquidation, holding that neither applicant had standing and no good cause was shown.

  • Standing To Apply For Rescission
  • Close Corporation Liquidation
  • Business Rescue
  • Sequestration Effects
  • Standing
  • Rescission
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Civil Procedure [2016] ZAECPEHC 84

Gcora and Others v Nelson Mandela Municipality and Another (1414/2016)

Gcora and Others v Nelson Mandela Municipality and Another (1414/2016) [2016] ZAECPEHC 84 (20 October 2016)

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.

  • Locus Standi
  • Appealability Of Orders
  • Inherent Jurisdiction
  • Interlocutory Orders
  • Sequestration Effects
  • Appealability-of-orders
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Civil Procedure [2015] ZANWHC 26

Enslin and Another v Enslin (1741/2012)

Enslin and Another v Enslin (1741/2012) [2015] ZANWHC 26 (2 July 2015)

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.

  • Locus Standi
  • Trustee Removal
  • Sequestration Effects
  • Trust Deed Interpretation
  • Locus-standi
  • Trustee-removal
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Civil Procedure [2009] ZAGPPHC 8

Van Den Heever NO v Klara NO and Others (317/2007)

Van Den Heever NO v Klara NO and Others (317/2007) [2009] ZAGPPHC 8 (18 March 2009)

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.

  • Insolvent Estate Members Interest
  • Close Corporation Membership
  • Sale In Execution
  • Sequestration Effects
  • Prescription Act
  • Attachment Of Property
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.