South Africa Case Law

Ngqaza v Sebotse Construction CC and Others (J4/25)

Ngqaza v Sebotse Construction CC and Others (J4/25) [2025] ZALCJHB 99 (12 March 2025)

Court

Labour Court Johannesburg

Case number

J4/25

Judge

B Ramji

The application was dismissed because the relief sought—a court order directing the sheriff to attach bank accounts for the satisfaction of judgment debts—amounts to a writ of execution for the attachment of incorporeal property. The Labour Court is not competent to order such a writ; instead, the procedure is governed by Uniform Rule 45(12)(a), which allows for the attachment without a prior court application. The applicant must obtain a writ, and any non-compliance by the garnishee may then be brought before the court. The applicant's inability to locate the first respondent and previous un…

Source excerpt

• Writ Of Execution
• Attachment Of Incorporeal Property
• Garnishee Procedure
• Uniform Rule 45

Accolla v Sboro and Another (024263/2022)

Accolla v Sboro and Another (024263/2022) [2024] ZAGPPHC 379 (17 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

024263/2022

Judge

L J Mboweni

The High Court dismissed an application to amend pleadings and join parties, finding no prima facie cause of action, compliance with Rule 45, and no basis to attack the sale in execution.

• Joinder Of Parties
• Amendment Of Pleadings
• Sale In Execution
• Close Corporations Act
• Uniform Rule 45
• Exception To Pleadings