Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
De Ridder v Coetzer N.O and Others (5896/22) [2025] ZAWCHC 82 (27 February 2025)
The Western Cape High Court dismissed a provisional sequestration application against a family trust for lack of jurisdiction and ordered costs against the applicant.
Anmani Estates Home-Owners Association v Mabena and Another (55669/22) [2023] ZAGPPHC 1798 (25 October 2023)
The High Court granted final sequestration of the Mabena SI Trust after a nulla bona return showed no attachable assets and the respondents failed to rebut insolvency.
Bailey N.O. and Another v Enderstein Van Der Merwe Inc (9400/2022) [2023] ZAWCHC 251 (12 October 2023)
The High Court set aside payments by the insolvent Laumas Trust to attorneys for legal fees incurred by Mr Massyn and related entities under section 26(1)(b).
Waterfall Equestrian Estate v Mabunda Makensa Solly Risimati NO and Another (40927/2021) [2023] ZAGPJHC 375 (25 April 2023)
The court found that the requirements for lis alibi pendens were satisfied. The central issue in both the pending action and the present application is the amount owed to the City of Johannesburg for municipal charges in respect of the leased property. The determination of this issue does not depend on the capacity in which the respondents are cited, as the trust derives its rights and obligations from the respondents as original lessees. The respondents, as trustees and beneficiaries living on the property, are sufficiently identified with the parties in the action. There is substantial comm…
Source excerpt
Lewis N.O v VDS and Others (14546/21) [2022] ZAGPJHC 889 (28 October 2022)
The High Court dismissed a liquidator’s application to sequestrate a family trust, finding insolvency and creditor advantage were not proved.
Stewart N.O and Others v Pillary N.O and Another (8855/2017P) [2022] ZAKZPHC 49 (16 September 2022)
The High Court set aside 101 payments made by Carmol Distributors to a trust as voidable dispositions and ordered repayment with interest and costs.
Botha and Another v Mokasule and Others (M282/2020) [2022] ZANWHC 65 (15 September 2022)
The High Court confirmed the provisional sequestration of the Mokasule Investment Trust after finding acts of insolvency and authorising the trustees to litigate under section 73.
Jonker and Others v The Land and Agricultural Development Bank of South Africa (2683/2020; 2685/2020; 2686/2020) [2022] ZAFSHC 112 (9 May 2022)
The High Court partly granted consolidation of three suretyship actions, joining the personal claims but refusing to merge the trust action because its defence was distinct.
C.L.W v D.W NO (37634/2017) [2021] ZAGPJHC 710 (1 July 2021)
The court found that the applicant failed to meet the legal requirements for joinder under Rule 10(3), as her claims for accrual and maintenance are enforceable against her spouse alone, not the Trust or its trustees. The Matrimonial Property Act and the ante nuptial contract provide adequate protection for her accrual rights, and any assets transferred to the Trust prior to the breakdown of marriage are deemed part of her spouse's estate for accrual purposes. The Trust's liability for maintenance is contingent on the trustees' discretion, which the court cannot compel. The applicant's claims…
Source excerpt
Standard Bank of South Africa Limited v Van den Berg NO and Others (4972/2019) [2020] ZAFSHC 169 (9 April 2020)
The High Court granted Standard Bank a provisional sequestration order against the JB Van Den Berg Family Trust after finding prima facie indebtedness, insolvency, and creditor advantage.
Explore more
