I was involved in a court battle with tw...

Asked by LouisV on 04-07-2020 05:39:34
Question posted in the General Law category relating to Western Cape

I was involved in a court battle with two parties who applied for my sequestration. My defense was that I did not owe them the monies they claimed and that both their judgements they got against me are flawed and subject to rescisission hearings. My legal team slipped up and left out crucial information that I proof to them in their submission before court. The judge thus ordered on the 2nd July that my esate must be provisionally sequestrated, basiclly as he did not see the proof of my submission which I gave to my legal team and that the final sequestration will be heard on 11 August 2020. Can I approach the judge with the proof that was left out by my legal team and show the judge that I was poorly represented? This is quite urgent. Please.

Further information relating to Question:

Both the parties against me got judgements againt mr which are the subject of dispute and we did apply for rescission of those judgements

Answer to the Question

Posted by Att. Patrick on 04-07-2020 18:52:59

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

If both of the judgments (which were used to obtain a provisional sequestration order against you) are subject to rescission applications, in my opinion, that should have been a complete defence to the sequestration application.

But I see that you say that this evidence was not actually before the court. 

The good thing is that sequestration proceedings are normally granted in two stages. First, a provisional order is granted against you. In sequestration proceedings, a provisional order is often easily granted because it brings about a concersus creditorium - legal jargon that you don't really need to worry about. A provisional trustee is appointed to take control of your estate. The application is then postponed for about 4 - 6 weeks for the hearing of a final order. 

At that postponed date, that is when you have a further opportunity to place evidence before the court to stop the provisional order turning into a final order. 

So, your question was "Can I approach the judge with the proof that was left out by my legal team and show the judge that I was poorly represented?"  The answer is yes, but only at the final hearing, not before. 

So, you need to do a further affidavit, attaching this evidence, and explaining what the evidence is. That further affidavit needs to be served on the other sides and then filed at court. At the next hearing date, your counsel (or attorney) needs to specifically draw that evidence to the judge's attention and argue that a final order of sequestration should not be granted and that the provisional order should be discharged. 

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

Information provided by client

Good Morning Att. Patrick

I really appreciate the information you gave me.
Where can I contact you for further assistance regarding this matter?

Kind Regards

Stay Safe
Louis van Zyl

Answer to the Question

Posted by Att. Patrick on 06-07-2020 19:54:52

Hi again,

Yes, you can most certainly contact me for further assistance!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.