Judgment: CM Ellison v MJD Breytenbach N.O. and Another

18 June 2025

Dear Member

This judgment re-affirms the position in our law of Insolvency regarding the enforcement of foreign bankruptcy orders.

The appellant challenged an eviction order and the dismissal of his counterclaim, arguing that a prior UK bankruptcy order should not apply in South Africa.

The court upheld the eviction, affirming that the UK order was recognised and enforceable in South Africa, and dismissed the appeal with costs.

Kindly sent to us by Haroon Laher of Fasken Inc.

Take care,

René Bekker
Chief Operating Officer

  Judgment: CM Ellison v MJD Breytenbach N.O. and Another. Case No: A278/2022