IN THE HIGH COURT OF SOUTH AFRICA

In the matter between:

t/a KEMPTON TRUCK HIRE
and

JUDGMENT

GAUNTLETT, AJ:

[4] The only glimmering of a substantive defence in the letter handed up by htm relates to contended disputes regarding ownership of certain Sea Point fiats and his [[abilities arising therefrom. There is no evident reason why the relevant facts, at least in that regard, could not have been put up in an affidavit and put before me. These are presumably facts within his knowledge if he is able to advance them as a defence. They would not appear to be, on the face of it, a matter of such inherent complexity that he has been disabled for this considerable period of time from doing.

[5] Turning to the merits of the matter I am satisfied that the respondent has committed the acts of insolvency detailed in the application. It would also appear that there is significant equity in properties which the respondent has reflected as owning Moreover, it would seem likely that he may own other assets which he has not fully disclosed The irregularities indicated as having been committed by him would benefit from proper investigation. I am satisfied that there is a reasonable prospect of an advantage to creditors arising from his sequestration. For the reasons I have given, in my view, a proper case is made out for the order sought.

[6] The respondent is accordingly placed under final sequestration in terms of the draft order handed up to me reading as follows:
"1. A final order of sequestration is granted. 
2. The costs of the application shall be costs in the sequestration