Jay Mothobi Incorporated
Attorneys, Notaries & Conveyancers
Legal Insights & News
Expert Conveyancing, Litigation & Commercial Attorneys
Reported Cases
Welcome to our Legal Insights. Below you will find a selection of reported cases handled by Jay Mothobi Incorporated, highlighting significant judgments in which our firm has acted and contributed to the development of South African jurisprudence.
Finality in Liquidation - When Is a Company Truly Dissolved?
Pieters NO v Absa Bank Ltd 2021 (3) SA 162 (SCA)
The 2021 Supreme Court of Appeal decision, in which Jay Mothobi Incorporated acted for ABSA Bank Ltd, brought crucial clarity to when a company is truly dissolved under the Companies Act 61 of 1973.
Read more on the ruling’s significance for liquidators, creditors, and corporate practitioners.
Fraud, Ownership and Delivery in Vehicle Finance
Absa Bank Limited v Evertrade 56 (Pty) (2012/20695) [2016]Â ZAGPJHC 205
In this significant 2016 judgment, ABSA Bank succeeded in recovering funds paid for a vehicle that the Dealer never owned, never delivered, and had released to an imposter.  Read more on the ruling’s implications for banks, dealers, and practitioners in asset-finance transactions.
Ownership, Estoppel and Dealer Diligence in Floorplans
Absa Bank Ltd v Knysna Auto Services CC (266/2015) [2016] ZASCA 93
The 2016 Supreme Court of Appeal decision in Absa Bank Ltd v Knysna Auto Services CC reaffirmed that financiers who reserve ownership under floor-plan agreements remain the true owners of vehicles until payment and written release, regardless of later transfers or registration.Â
Read more on the ruling’s significance for financiers, dealers, and asset-recovery practitioners.
Administrative Penalties, Market Abuse & the Standard of Proof
Pather and Another v Financial Services Board and Others 2018 (1) SA 161 (SCA) (28 September 2017)
The 2017 Supreme Court of Appeal decision in Pather v Financial Services Board confirmed that market-abuse enforcement proceedings are administrative in nature, meaning the civil standard of proof applies even where the underlying conduct may also attract criminal sanction.Â
Read more on the ruling’s significance for regulators, listed companies, executives, and compliance professionals.
Office Location
Our geographical location places us within the territorial jurisdiction of the Gauteng Local Division of the High Court of South Africa, the Johannesburg Central Magistrates’ and Regional Court (Johannesburg) and the Johannesburg North Magistrates’ Court (Randburg). Both the Johannesburg Deeds Registry Office and the Receiver of Revenue are also speedily accessible, and although the Pretoria Deeds Registry Office is outside of our immediate vicinity, we make weekly attendances to attend to lodgements of property transfers and notarised documents.
Jay Mothobi Inc
9 Arnold Rd, Rosebank, Sandton, 2196
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