South Africa Case Law

Taljaard and Another v Land and Agricultural Development Bank of South Africa and Others (1094/2022; 963/2021; 964/2021; N557/2021; 2436/2021;)

Taljaard and Another v Land and Agricultural Development Bank of South Africa and Others (1094/2022; 963/2021; 964/2021; N557/2021; 2436/2021;) [2025] ZANCHC 5 (24 January 2025)

Court

Northern Cape High Court, Kimberley

Case number

1094/2022

Judge

Williams

The court found that the applicants failed to prove their claims as creditors and thus did not establish locus standi. However, the liquidators did not specifically deny the applicants' creditor status, which could lead a court of appeal to a different conclusion. The argument that directorship confers standing was rejected, as such applications should be brought by the company itself, not by an individual director. Regarding the cession of rights, the court previously accepted the suite of agreements and confirmations as sufficient to establish a valid cession. However, conflicting judgments…

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• Locus Standi
• Cession Of Rights
• Liquidation Proceedings
• Sequestration Orders
• Conflicting Judgments

Adelakun N.O and Another v Worldpay LLC (3484/19 and 3485/19)

Adelakun N.O and Another v Worldpay LLC (3484/19 and 3485/19) [2024] ZAWCHC 129 (26 April 2024)

Court

Western Cape High Court, Cape Town

Case number

3484/19 & 3485/19

Judge

V C Saldanha

The court found that the applicants, including Mr. Adelakun, the Trust, Touch of Fame Group, and Touch of Energy Corporation, failed to establish any exceptional circumstances or bona fide defence that would justify rescission of the sequestration orders under section 149(2) of the Insolvency Act or Rule 42(1)(a). The applicants had fully participated in the original proceedings, were legally represented, and had unsuccessfully appealed the orders to the Supreme Court of Appeal and Constitutional Court. The alleged exoneration in foreign criminal proceedings was irrelevant to the civil standa…

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• Sequestration Orders
• Rescission Application
• Jurisdiction Challenge
• Abuse Of Process
• Creditor Claims
• Company Representation

Jacobs and Another v Van Niekerk N.O and Others - Appeal (114/2023)

Jacobs and Another v Van Niekerk N.O and Others - Appeal (114/2023) [2024] ZAWCHC 21 (2 February 2024)

Court

Western Cape High Court, Cape Town

Case number

114/2023

Judges

Ndita, Cloete, Wille

The High Court dismissed an appeal against the refusal to rescind final sequestration orders, holding that no fraud or exceptional circumstances justified relief.

• Sequestration Orders
• Rescission Of Judgment
• Condonation
• Act Of Insolvency
• Fraudulent Misrepresentation
• Rescision-of-judgment

Courtney v Boshoff N.O. and Others (2019/41681)

Courtney v Boshoff N.O. and Others (2019/41681) [2022] ZAGPJHC 1006; [2023] 2 All SA 100 (GJ) (20 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2019/41681

Judge

Wanless

The court found that the applicant was not a fugitive from justice and retained locus standi. The final sequestration order was granted in error, as the Insolvency Act requires a provisional order and a return date before a final order may be made. However, the order was not a nullity but a mistake, and remained effective until varied or set aside. The court exercised its discretion under section 149(2) of the Insolvency Act to vary the final order to a provisional sequestration order, with effect from the original date, thereby preserving the status quo and the actions taken by the trustees.…

Source excerpt

• Insolvency Act
• Sequestration Orders
• Variation Of Court Orders
• Locus Standi
• Fugitive From Justice

Preller v Sayman and Others (943/2003)

Preller v Sayman and Others (943/2003) [2004] ZANWHC 11 (3 June 2004)

Court

North West High Court, Mafikeng

Case number

943/2003

Judge

R.D. Hendricks

The High Court set aside provisional and final sequestration orders, but refused to order release of frozen funds for lack of jurisdiction and awarded costs against the applicant.

• Sequestration Orders
• Jurisdiction
• Amendment Of Notice Of Motion
• Costs Award
• Sequestration
• Amendment-of-motion