Major case about creditors not selling for tiny debts:
(Ruled against the bank.)
Case about trying to use breaches of Rule 46 to restrain banks (46 7 e)
Attaching agreements:
Grove v Nedbank Absence of attachment of agreement not per se fatal to summary judgment
Case in which Adv Douglas J Shaw appeared where ABSA denied summary judgment, involves their fire story:
Case-Law-ABSA-v-Jenzen-ABSA-v-Grobbelaar-Rule-186
Case about agreement. Its seems by Adv Silver in his own cause. Ruled against the bank.
Absa v Silver (4984_2010)- useful , no agreement, advocate silver
Cases rejecting early argument about securitisation and agency:
ABSA Bank Ltd v Terblanche17330_2012) [2012] ZAWCHC 369 = rejects securitisation and agency
Case when the case was securitised and ABSA admitted it and proved the cession:
(Ruling for Bank)
Securitisation Confirmation Case 1
Arguments about municipal rates in Sale in Execution, probably now superceded by the Gazetted Sales in Execution Rules 46A
Mkontwana – munipal rates – probably now irrelevant CC
Case by Stellebosh law clinic dealing with emolument attachments orders (sometimes wrongly called garnishee). Ruling is against the banks/creditors.
Stellenbosh -Emolument Attachment Orders case
Liquidation:
Sale in Execution for too little – Ruling against the bank.
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