This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Constitutional Court granted leave to appeal and upheld the appeal in a matter concerning the final sequestration of the Mokasule Investment Trust. It set aside the Supreme Court of Appeal and High Court orders and remitted the sequestration application to the High Court to be heard by a different judge. The judgment refers to section 8 of the Insolvency Act, factual insolvency and a failure of proper consideration.
This may be relevant to insolvency and sequestration matters, especially where the reasoning of a lower court and the treatment of facts are in issue.
Evidence from source
Summary: Insolvency Act 24 of 1936 — section 8 — acts of insolvency — factual insolvency Duty of proper consideration — failure to appreciate facts — failure of justice — final sequestration
Supports: Summary sentence 1