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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

Hon. Judge President RD Hendricks
Hon. Deputy Judge President Djaje
Hon. Judge Petersen
Hon. Judge Reid
Hon. Judge Mfenyana
Hon. Judge Reddy

1 judgment

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1 judgment

Citation	Judgment date
September 2022
Botha NO and Another v Mokasule NO and Others (M282/2020) [2022] ZANWHC 7 (15 September 2022) Court confirmed sequestration of a trust after finding it received a substantial loan from an insolvent trustee, prejudicing creditors. Insolvency law – sequestration of a trust – acts of insolvency where a trust receives substantial loan from an insolvent trustee and acquires immovable property – s 8 Acts of insolvency – s 73 trustee’s authority to obtain legal assistance – proof on a balance of probabilities – costs as administration costs.	15 September 2022

Citation

Judgment date

September 2022

Botha NO and Another v Mokasule NO and Others (M282/2020) [2022] ZANWHC 7 (15 September 2022)

Court confirmed sequestration of a trust after finding it received a substantial loan from an insolvent trustee, prejudicing creditors.

Insolvency law – sequestration of a trust – acts of insolvency where a trust receives substantial loan from an insolvent trustee and acquires immovable property – s 8 Acts of insolvency – s 73 trustee’s authority to obtain legal assistance – proof on a balance of probabilities – costs as administration costs.

15 September 2022