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South Africa decisions
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Maree and Others v Hanaline Boerdery Proprietary Limited (2750/2025) [2025] ZALMPPHC 111 (9 June 2025)
The High Court dismissed an urgent bid to extend time and suspend liquidation proceedings, and placed the respondent under provisional liquidation with a rule nisi.
Industrial Development Corporation of South Africa Limited v Calab Developers (PTY) Ltd and Others (16/2021) [2022] ZAECELLC 11 (31 May 2022)
The court refused an urgent interim interdict to stop transfer of two vehicles sold in execution, finding the applicant failed to use proper interpleader procedures.
Factaprops 1052 CC and Another v Land and Agricultural Development Bank of South Africa t/a Land Bank (353/2016) [2017] ZASCA 45; 2017 (4) SA 495 (SCA) (30 March 2017)
The Supreme Court of Appeal held that the phrase 'mortgage bond' in section 11(a)(i) of the Prescription Act 68 of 1969 must be interpreted to include a special notarial bond. This conclusion is supported by the ordinary grammatical meaning of 'mortgage', the Afrikaans text of the Act, historical legislative usage, and the public record nature of notarial bonds. The distinction drawn in the Deeds Registries Act is relevant only for deeds attestation and registration, not for prescription purposes. Consequently, the applicable prescription period for a debt secured by a special notarial bond i…
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Land and Agricultural Development Bank of South Africa v Factaprops 1052 CC and Another (64702/2010) [2015] ZAGPPHC 744; 2016 (2) SA 477 (GP) (10 September 2015)
The court held that a special notarial bond registered in terms of the Security by Means of Movable Property Act creates a real right of security equivalent to a mortgage bond. The legislature, through amendments to the Insolvency Act and the Security Act, intended to include special notarial bonds within the meaning of 'mortgage bond' for the purposes of section 11(a)(i) of the Prescription Act. Therefore, the applicable prescription period for a debt secured by a special notarial bond is 30 years, not three years. The plaintiff's claim had not prescribed, as service of summons interrupted t…
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Wolfaard v Trytsman and Another (2923/2015) [2015] ZAFSHC 168 (4 September 2015)
The court granted judgment for repayment of a loan secured by mortgage and special notarial bond, rejected the respondent’s factual-dispute objections, and declared the property executable.
Louw NO and Another v Sobabini CC and Others (3532/13) [2015] ZAECGHC 153 (28 January 2015)
The High Court set aside livestock and equipment transfers from an insolvent trust to a creditor as voidable dispositions, undue preferences and collusive dealings.
African Dawn Property Transfer Finance 3 (Pty) Ltd v Tuscaloosa 37 (Pty) Ltd and Others (65139/2012) [2014] ZAGPPHC 992 (28 November 2014)
The court set aside the sale and cession of Tuscaloosa’s claim, allowed attachment under a special notarial bond, and refused compulsory winding-up.
Farmsecure Grains (Edms) Bpk v Du Toit en Ander (2382/2012) [2012] ZAFSHC 178; 2013 (1) SA 462 (FB) (20 September 2012)
The court found that the applicant, as holder of a special notarial bond, has a real right over the specified movable property and may enforce this right without prior demand or request, unless the bond or contract expressly requires such notice. The interim order only authorised attachment by the sheriff and did not require removal or handover, aligning with the applicant's undertaking to maintain control without removal. The court distinguished the present case from those involving general notarial bonds, where a request or demand may be necessary. However, the court was not persuaded that…
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Scheltema Beleggings CC v Commercial Truck and Trailer Sales CC (35420/08) [2010] ZAGPPHC 28 (1 April 2010)
The High Court held that a special notarial bond sufficiently described a truck and trailer, and that their sale was not in the ordinary course of business.
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