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South Africa decisions
Decisions matching the current search
Poisonwood Investments (Pty) Ltd v Meyer Van Der Walt Incorporated and Others (2024-105894) [2025] ZAGPPHC 574 (6 June 2025)
The court held that trust funds from unit sales were not assets of the insolvent estate, but were payable to Poisonwood Investments, with costs against the liquidators.
Kosmosdal Extension 61 and Extension 62 Home-Owners Association NPC v Njokweni and Others (112164/2024) [2025] ZAGPPHC 403 (30 April 2025)
The High Court confirmed an interim interdict and dismissed a counterclaim after finding a homeowners’ meeting invalid for non-compliance with the HOA’s MOI.
Wiese N.O and Another v Coetzee N.O and Others [2023] ZAGPPHC 444; 21988/2020 (20 June 2023)
The High Court upheld special pleas of locus standi and prescription, finding the action was filed outside the time ordered and that the claim had prescribed.
Cloete Murray N O and Others v Humansdorp Co-operative Limited (1274/2021) [2022] ZASCA 187; 2023 (3) SA 66 (SCA) (30 December 2022)
The Supreme Court of Appeal held that payment to the respondent was made under valid demand guarantees, not as a disposition by the insolvent company.
T v T (33546/2020) [2022] ZAGPJHC 238 (15 February 2022)
Rule 43 interim-maintenance application dismissed where the court found the applicant had access to substantial funds and made unreasonable, excessive claims.
Botha O.N. v Bassonn N.O and Another (M404/2020) [2021] ZANWHC 31 (8 June 2021)
The High Court dismissed condonation for a late answering affidavit and ordered the respondent to return trust funds with interest to Mymico’s liquidators.
AR v HR (3565/2018) [2020] ZAECPEHC 10 (19 May 2020)
The High Court confirmed final sequestration against an ex-husband’s estate for unpaid child maintenance after finding a valid debt, insolvency, and asset disposition.
I-Com Services (Pty) Ltd v Picture Perfect Trading 239 (Pty) Ltd (76358/2015) [2017] ZAGPPHC 533 (22 August 2017)
The court dismissed a provisional winding-up application, finding no proved debt due and payable and no basis for liquidation on just and equitable grounds.
Mbhele v Mbhele (AR 118/10) [2010] ZAKZPHC 29 (3 June 2010)
High Court review on maintenance funds for a disabled major child, with the court directing that funds be retained pending a curator bonis application.
Hoffman v Lee (4086/06) [2008] ZAGPHC 307 (22 August 2008)
The High Court found that the plaintiff proved an oral agreement entitling him to R385,000 for improvements to property and granted judgment with interest and costs.
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