South Africa Case Law

Lewis N.O v Van De Souza and Others (2023/052830)

Lewis N.O v Van De Souza and Others (2023/052830) [2025] ZAGPJHC 25; - (17 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/052830

Judges

FHD Van Oosten, L Modiba, DHL Booysen

The court held that the appellant, as liquidator, was vested with broad and unfettered powers to institute legal proceedings on behalf of the joint estate, including sequestration of the Ludan Trust. The attempted distribution of trust assets by resolution constituted an act of insolvency under section 8(c) of the Insolvency Act, as it was intended to prejudice creditors. The requirements for provisional sequestration were satisfied: an act of insolvency was committed, the trust was factually insolvent, and there was a reasonable prospect of advantage to creditors. The court found the reasoni…

Source excerpt

• Sequestration Of Trust
• Act Of Insolvency
• Creditor Advantage
• Locus Standi
• Insolvency Act Section 8c

JP Van Schalkwyk Attorneys v Botha N.O and Another (65348/2020)

JP Van Schalkwyk Attorneys v Botha N.O and Another (65348/2020) [2021] ZAGPPHC 189 (23 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

65348/2020

Judge

N Davis

The court provisionally sequestrated a family trust, upheld jurisdiction in Pretoria, and removed two trustees for conduct inconsistent with trust duties.

• Sequestration Of Trust
• Trustee Removal
• Trust Property Control Act
• Act Of Insolvency
• Suretyship Validity
• Jurisdiction Of High Court

Odendaal v Nomoredebt Trust and Others (63675/2018)

Odendaal v Nomoredebt Trust and Others (63675/2018) [2019] ZAGPPHC 36 (8 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

63675/2018

Judge

Stoop

The court held that while a trust is susceptible to sequestration as a debtor in the usual sense of the word, legal proceedings must cite the trustees in their representative capacities, not the trust itself. The applicant failed to correct the citation and did not seek relief against the trustees in their representative capacities. As a result, the applicant was not entitled to final relief, and the provisional sequestration order was discharged.

Source excerpt

• Sequestration Of Trust
• Citation Of Trustees
• Insolvency Act Interpretation

Van Staden NO v Nel NO and Another (11114/2015)

Van Staden NO v Nel NO and Another (11114/2015) [2017] ZAGPPHC 26 (1 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

11114/2015

Judge

AC Basson

The High Court dismissed an application to sequestrate the MC Botha Trust, finding the R500,000 payment was a donation for the deceased’s care, not a loan.

• Sequestration Of Trust
• Locus Standi
• Loan Vs Donation
• Costs Punitive Scale
• Sequestration
• Trust-law

Lane and Others v Khan (6474/2010)

Lane and Others v Khan (6474/2010) [2010] ZAWCHC 490 (13 October 2010)

Court

Western Cape High Court, Cape Town

Case number

6474/2010

Judge

Blignault

The High Court granted provisional sequestration of a respondent trust after finding trustee deadlock, unauthorised opposition, and prima facie advantage to creditors.

• Sequestration Of Trust
• Trustee Authority
• Advantage To Creditors
• Deadlock In Trust Management
• Conflict Of Interest
• Provisional-sequestration