Source IT (Pty) Ltd and Others v Nedbank Lesotho Limited and Others (CCT 36 of 2014) [2015] LSHC 12 (15 May 2015)

Source IT (Pty) Ltd and Others v Nedbank Lesotho Limited and Others (CCT 36 of 2014) [2015] LSHC 12 (15 May 2015)

The execution of the sale was not conducted in full compliance with Rule 47 and the deed of settlement, prejudicing the applicants; however, both parties failed in certain respects, and the founding affidavit was defective. The court temporarily suspends the execution for ninety days to allow a proper sale, with no order as to costs.

Citation
[2015] LSHC 12
Parties
Applicant: Source It (Pty) Ltd; Applicant: Kweku Baffoe; Applicant: ’Malerato Baffoe; Respondent: Nedbank Lesotho Limited; Respondent: Kori Makakole; Respondent: Deputy Sheriff Lipholo; Respondent: Registrar of the High Court; Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
15 May 2015
Case Number
CCT 36 of 2014
Procedural Posture
Application (consolidated Matters) / Judgment on Application for Stay of Execution
Outcome
Execution temporarily suspended for ninety days; interdict granted; no order as to costs.
Legal Topics
Stay of Execution, Sale in Execution, Interdict, Deed of Settlement, Compliance With Court Orders
Source Language
English
Civil Procedure Commercial Law Stay of Execution Sale in Execution Interdict Deed of Settlement Compliance With Court Orders

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Parties

Source It (Pty) Ltd

Applicant

Kweku Baffoe

Applicant

’Malerato Baffoe

Applicant

Nedbank Lesotho Limited

Respondent

Kori Makakole

Respondent

Deputy Sheriff Lipholo

Respondent

Registrar of the High Court

Respondent

Attorney General

Respondent

Procedural Posture

Application (consolidated Matters) / Judgment on Application for Stay of Execution

Legal Issues

  1. 1 Whether the sale in execution of the applicants' property complied with Rule 47 and the deed of settlement
  2. 2 Whether the execution of the sale should be stayed
  3. 3 Whether the applicants and respondents complied with their obligations under the deed of settlement

Ratio Decidendi

The execution of the sale was not conducted in full compliance with Rule 47 and the deed of settlement, prejudicing the applicants; however, both parties failed in certain respects, and the founding affidavit was defective. The court temporarily suspends the execution for ninety days to allow a proper sale, with no order as to costs.

Court Disposition

Execution temporarily suspended for ninety days; interdict granted; no order as to costs.

Orders

  • Execution of sale is temporarily suspended for ninety (90) days within which a proper execution of sale is to be held.
  • 1st, 3rd and 4th Respondents are interdicted from receiving funds or passing transfer of the property to the 2nd respondent and must return any funds received, pending finalization.