Aboo v FirstRand Bank Limited

The appellant, Yusuf Omar Aboo, concluded an agreement with FirstRand Bank Ltd in 1999 to purchase the bank’s claims and securities against Kharbai Motors (Pty) Ltd (in liquidation) and Mohammed Kharbai. After payment of the purchase price, the bank cancelled mortgage bonds. Aboo later alleged this was done without his consent and purported to cancel the agreement, claiming repayment of the purchase price. His application was dismissed by De Jager AJ, who found the agreement had been validly amended in writing. While an appeal was pending, Aboo was sequestrated but continued prosecuting the appeal without disclosure. The full court dismissed the appeal. He then sought special leave to appeal to the Supreme Court of Appeal, again without disclosure. After his death, the trustee of his insolvent estate applied to be substituted as appellant, while the respondent applied for dismissal of the appeal.

The application by the trustee to be substituted as appellant was dismissed with costs. The appeal was struck from the roll.

The case clarifies the procedural consequences of sequestration on pending appeals, confirming that an insolvent loses locus standi to prosecute appeals in a personal capacity. It underscores that unauthorized litigation steps taken after sequestration cannot be salvaged on appeal by substitution of the trustee, and it delineates the proper procedural remedy available to a trustee.