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South Africa decisions
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Body Corporate Chateaux Marie v Shumba (044880/23) [2025] ZAGPPHC 644 (9 June 2025)
The High Court confirmed a provisional sequestration order against a body corporate debtor, finding acts of insolvency and an advantage to creditors.
UCIMESHAWU obo Nhlengethwa v Parsons Transport Operations (Pty) Ltd and Another (J404/20) [2024] ZALCJHB 419; (2025) 46 ILJ 662 (LC) (8 November 2024)
The Labour Court held that contempt proceedings generally require personal service, but granted leave to seek substituted service after repeated evasion by the director.
Standard Bank of South Africa Ltd v Bogatsu (27275/2022) [2024] ZAGPPHC 828; 2025 (1) SA 514 (GP) (19 August 2024)
The court dismissed an application to reduce a reserve price and an application for substituted service in a mortgage execution matter for lack of proper affidavits and service.
Body Corporate of DSL v Lunika and Another (045914/2022) [2024] ZAGPPHC 804 (6 August 2024)
High Court sequestration matter: the court found an act of insolvency but refused final sequestration, extending the rule nisi and seeking further submissions.
L.R v T.S (2023/123933) [2024] ZAGPJHC 336 (5 April 2024)
The court removed a divorce matter from the unopposed roll after finding the summons had not been personally served on the defendant.
Kwazulu Natal Consumer Protector and Another v Container Box Solutions (KZNCT04/2023) [2023] ZACONAF 6 (31 May 2023)
The KwaZulu-Natal Consumer Tribunal granted substituted service after the Applicant showed conventional service attempts on the Defendant had failed.
Nedbank Limited v Mohlampe (003488/2022) [2023] ZAGPJHC 258 (7 February 2023)
The High Court dismissed Nedbank’s request for substituted service in a Rule 46A foreclosure matter, holding that personal service had not been shown impossible when the application was launched.
BMW South Africa (Pty) Ltd v William and Another (31587/21) [2022] ZAGPPHC 450 (27 June 2022)
The court found that the applicant’s denial of service by the Sheriff was supported by unchallenged evidence, including CCTV footage, occurrence books, and security staff interviews. The Sheriff failed to respond to the allegations despite being joined as a party. The return of service was thus rebutted. Service by email was also irregular, as there was no agreement between the parties and the attorneys copied had not been instructed. The court held that the applicant did not take a further step in the proceedings by serving a notice in terms of Rule 23(1), as this raised a distinct cause of…
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Standard Bank of South Africa Limited v Matse; In Re: Standard Bank of South Africa Limited v Matse (19/41390) [2020] ZAGPJHC 221 (11 September 2020)
The court held that where the consumer's designated domicilium address is non-existent, the prescribed methods of delivery under section 129(5) of the National Credit Act cannot be complied with. In such circumstances, section 129(5) may be deemed inapplicable, and the court may authorize alternative methods of service as contemplated by section 65(2), such as email or service at another property. The court granted leave for the section 129(1)(a) notice to be served both at the Ivory Park property on a person apparently in charge over 16 years of age and by email to the last known address, af…
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Highland Gate Home Owner Association v Hurwitz (1819/2018) [2020] ZAMPMHC 42 (22 July 2020)
The High Court granted a homeowners association's application to declare a vacant erf specially executable for long outstanding arrear levies.
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