The applicants entered into a lease finance facility with the respondents. They fell into arrears in terms of the lease agreement. On 10 September 2014, the respondents obtained a default judgment against the applicants for the payment of $88 225.14 together with interest at the rate of 25% per annum. In terms of the order, specified equipment was also declared executable. In October 2014, which was after the default judgment had been obtained, the applicants made a payment of US$50 000.00 and subsequently made another payment on 3 and 4 March 2015 totalling US$38 000.00. They therefore argue that save... More
This is an urgent chamber application in which the relief sought is a provisional order that the respondents be interdicted from carrying into execution the order in case number HC 9880/15. The final order sought is a stay of execution of the order in HC 9880/15 pending the determination of HC 11886/16 or any related matter. More
This is an urgent chamber application in which the applicant seeks interim relief to the effect that the seizure and attachment of its bank account number 9140000213879 held with the third respondent bank at its Parklane Branch be suspended and that the seizure and attachment of the applicant’s shares effected on 29 August 2018 be suspended. The applicant seeks a further interdict restraining the first and second respondents from “attempting any further seizure and attachments in execution of the applicant’s funds or bank accounts and applicant’s shares”. The final order sought is for the setting aside of the seizure and... More
: The tragic state of affairs in this case is that the father (who later passed on) and son have been engaged in a seemingly unending and bruising legal battle for over a period of seventeen years. Even after the death of the father the swords are still drawn out and the battle far from over. This is more so when one considers that the application before me is simply for a rescission of a default judgment. More
