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South Africa decisions
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Mfazi v Z and Z Ngogodo Inc. Attorneys (2023/126346) [2024] ZAGPJHC 985 (2 October 2024)
Opposed summary judgment application over payment of taxed legal fees was refused after the court found a genuine dispute about the fee agreement and when payment became due.
Family Financial Services (Pty) Ltd and Others v Family Funeral Friend Co-Operative and Another (M261/2014) [2024] ZANWHC 128 (21 May 2024)
The High Court dismissed an application to set aside a writ of execution for taxed costs, finding the amended allocatur and party substitution cured the objections.
Minister of Police v Magwebu and Others (2160/2022) [2023] ZAECMKHC 26 (14 February 2023)
The High Court dismissed an application to set aside a re-issued warrant of execution, finding compliance with the State Liability Act and no material prejudice from an incorrect case number.
Mtinde v Sheriff Johannesburg East and Others (J1104/2018) [2019] ZALCJHB 316 (29 October 2019)
Urgent application to stay execution of a taxed costs order was struck off as self-created urgency. The Labour Court also declined to order costs.
Muza v Moving Ads South Africa (PTY) Ltd (J 2512/18) [2019] ZALCJHB 380 (27 August 2019)
The Labour Court granted leave to attach the respondent’s bank accounts to enforce compliance with a prior court order and taxed costs.
Seraj Transport (Pty) Ltd v Dikopane Project Management CC and Others (81004/2016) [2018] ZAGPPHC 365 (18 May 2018)
The High Court dismissed an application to set aside a warrant of execution for taxed costs, holding that the original costs order was unconditional and immediately enforceable.
AFGRI Operations Limited v Hamba Fleet Proprietary Limited (86600/14) [2016] ZAGPPHC 101 (3 March 2016)
The court found that the respondent had a genuine and substantial counter-claim against the applicant, with pending litigation for amounts far exceeding the applicant's claim. The respondent's claims were not spurious and had substance, and the parties had not had the opportunity to fully ventilate the issues in the present proceedings. The court accepted that, in line with both South African and English law, the existence of such a counter-claim justifies the exercise of judicial discretion to refuse a winding-up order. The applicant's locus standi as a creditor and compliance with statutory…
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SA Taxi Securisation (Pty) Ltd v Booyens Ad Co. Inc and Others (13452/2013) [2015] ZAKZPHC 22 (24 April 2015)
The court dismissed an application to set aside writs of execution, holding that the alleged insurance shortfall was disputed and not a liquidated debt for set-off.
Petlane Oils (Pty) Limited v Shell South Africa (Pty) Limited and Another (28016/2013) [2014] ZAGPJHC 97 (1 April 2014)
The court found that the attachment and sale in execution of the applicant's claim were irregular and invalid. The sheriff deviated from the normal procedure prescribed by Rule 45(3) by attaching a predetermined incorporeal property without proper demand for satisfaction of the writ at the applicant's business address. The process was further flawed as there was no underlying court order or judgment validating the writ of execution. The respondents failed to follow due process, and the close relationship between the first and second respondents meant no third-party prejudice existed. The appl…
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Road Accident Fund v Masondo (2012/6354) [2012] ZAGPJHC 178 (5 September 2012)
The High Court held that a partial payment of taxed costs interrupted prescription, but set aside a warrant of execution issued without an underlying court order.
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