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South Africa Case Law

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Civil Procedure [2017] ZAGPPHC 784

Mare v De La Rey (NWK Limited Intervening) (89303/2016)

Mare v De La Rey (NWK Limited Intervening) (89303/2016) [2017] ZAGPPHC 784 (27 July 2017)

Court
North Gauteng High Court, Pretoria
Case number
89303/2016
Judge
Kubushi

The court found that it lacked jurisdiction to entertain the sequestration application because the respondent resides in Koster, which falls within the jurisdiction of the North West High Court. Section 149(1) of the Insolvency Act governs jurisdiction in sequestration matters, and the applicant's reliance on common law grounds was misplaced. The provisional sequestration order and rule nisi issued by the North Gauteng High Court were therefore null and void. The court accepted that, in line with section 27 of the Superior Courts Act and relevant case law, the matter should be transferred to…

Source excerpt

  • Sequestration Jurisdiction
  • Insolvency Act Section 149
  • Transfer Of Proceedings
  • Rule Nisi Discharge
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Civil Procedure [1992] ZASCA 228

Nahrungsmittel GmbH v Otto (654/91)

Nahrungsmittel GmbH v Otto (654/91) [1992] ZASCA 228; 1993 (1) SA 639 (AD); [1993] 1 All SA 456 (A) (27 November 1992)

Court
Supreme Court of Appeal
Case number
654/91
Judges
Hoexter, Vivier, Kumleben, F H Grosskopf, Van Coller

The Supreme Court of Appeal held that the applicant failed to establish that Otto was ordinarily resident within the jurisdiction of the Cape Provincial Division during the relevant period, as required by section 149(1)(b) of the Insolvency Act. The evidence showed that Otto's residence in Cape Town was sporadic and temporary, with his real home and business interests in Canada. Furthermore, the claim for costs awarded to Otto against Co-op was an incorporeal movable situated at the debtor's domicile, which was Germany, and not within the jurisdiction of the Cape Provincial Division. The cour…

Source excerpt

  • Sequestration Jurisdiction
  • Ordinary Residence
  • Incorporeal Property Situs
  • Leave To Appeal
  • Creditor Standing
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.