Sanlam Life Insurance Limited v Mafetsa (Reasons) (085443/2023) [2023] ZAGPJHC 1509 (12 December 2023)


Editorial note: Certain information has been redacted from this judgment in compliance with the law.

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

Shape1


 

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHER JUDGES: NO

(3) REVISED: NO

 

 

…………..…………............. …12/12/2023……

SIGNATURE DATE


 

CASE NO: 085443/2023

 

 

 

 

 

 

In the matter between:

SANLAM LIFE INSURANCE LIMITED Applicant

and

LUCAS MAFETSA Respondent

(IDENTITY NUMBER: […])

 

REASONS

 

MANOIM J:

[1] This matter was heard by me on the unopposed roll. Despite not being opposed by the respondent he has asked for me to give reasons. There was no notice to oppose or answering affidavit filed by the respondent. There was thus on the papers no LIS between the parties and hence no need for me to give reasons. Nevertheless I explain briefly as follows.

[2] The case was decided on the basis of the facts set out in the founding affidavit. I had no facts before me to suggest I should consider making any other finding.

The application was for the attachment of the respondent’s right, title and interest in his bank accounts. The attachment order sought was for all bank accounts and not limited to the outstanding quantum. The only issue I took up with counsel was to limit the order of attachment to the sum outstanding. This counsel duly did, and the order I signed thus differs from the draft that appears on CaseLines. A copy of the signed order is attached and it will be downloaded on to caselines.

 

 

_____________________________

N. MANOIM

JUDGE OF THE HIGH COURT

GAUTENG DIVISION

JOHNANNESBURG


 

Date of Reasons: 12 December 2023


 

Appearances:

Counsel for the Applicant: CJ Bekker

Instructed by. Hadar Inc

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