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It is often necessary to approach the High Court to obtain an Order to attain certain results such as Sequestrations, Liquidations, placing a person under Curatorship, Eviction of unlawful occupants, Interdicts, change of marital regime, enforcing of parental rights, and various other matters.
The procedure is sometimes referred to as “motion” proceedings and is based on Affidavits with supporting documents. The court may however, in certain circumstances refer the matter for argument if it cannot make a decision based on the documents before it.
Sequestrations and Liquidations can be voluntary or forced on an individual (sequestration) or Company (Liquidation) by his/its creditors. Should you find yourself or your Company be in a insurmountable financial position, it is often in your best interest to Sequestrate or have the Company Liquidated voluntarily despite the fact that as an individual you will be insolvent for at least two years and will have to apply to Court if you want to be rehabilitated within ten years after Sequestration.
Not all individuals or Companies qualify for such voluntary Sequestration/Liquidation and we shall investigate the likelihood of a successful application with you before bringing the application. It needs to be mentioned that solvent Companies can also be Liquidated voluntarily – often referred to as winding up of a Company.
We are often approached by concerned family members of people lacking mental capacity to make decisions on their own regarding their personal and financial welfare and affairs.
A typical example of such a person, is a person who is mentally disabled, suffers from illnesses related to old age (for example Alzheimer’s disease). In these circumstances we can assist with bringing a High Court Application to place the person under Curatorship to ensure that he or she is looked after properly.
For minor children without parents capable of making decisions on their behalf, we can apply to the Court to have a Curator appointed for them.
Cobntact us to find out how we can help you with your high court application.