Absa Bank Ltd v Snyman (22/2014) [2015] ZASCA 67; 2015 (4) SA 329 (SCA); [2015] 3 All SA 1 (SCA) (20 May 2015)

Absa Bank Ltd v Snyman (22/2014) [2015] ZASCA 67; 2015 (4) SA 329 (SCA); [2015] 3 All SA 1 (SCA) (20 May 2015)

The Supreme Court of Appeal held that section 63 of the Magistrates' Courts Act is not concerned with the date of issue or reissue of a warrant of execution, but with the date of actual execution. A judgment sounding in money becomes superannuated unless the execution sale occurs within three years of the judgment or the last payment in respect thereof. The reissue of a warrant within the three-year period does not extend the limitation period. The date of the sale in execution, not the date of the warrant, is determinative. However, if the last payment was made less than three years before the sale, the warrant and sale may still be valid. The respondent failed to provide evidence of the...

Citation
[2015] ZASCA 67
Parties
Appellant: Absa Bank Ltd; Respondent: Joseph Frederick Snyman
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 May 2015
Case Number
22/2014
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal upheld; order of the court a quo setting aside the sale in execution is set aside; matter referred back to the court a quo for determination of whether the sale in execution contravened section 63 of the Magistrates' Courts Act; costs of appeal to stand over.
Judges
Brand, Cachalia, Shongwe, Wallis, Petse
Legal Topics
Magistrates Courts Act Section 63, Superannuation of Judgment, Sale in Execution, Warrant of Execution, Eviction, Computation of Limitation Periods
Civil Procedure Land and Property Magistrates Courts Act Section 63 Superannuation of Judgment Sale in Execution Warrant of Execution Eviction Computation of Limitation Periods

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Parties

Absa Bank Ltd

Appellant

Joseph Frederick Snyman

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the sale in execution of the respondent's property was conducted contrary to section 63 of the Magistrates' Courts Act 32 of 1944.
  2. 2 Whether the reissued warrant of execution was valid under section 63 and rule 36 of the Magistrates' Courts rules.
  3. 3 Whether the computation of the three-year limitation period was correctly applied by the court a quo.

Ratio Decidendi

The Supreme Court of Appeal held that section 63 of the Magistrates' Courts Act is not concerned with the date of issue or reissue of a warrant of execution, but with the date of actual execution. A judgment sounding in money becomes superannuated unless the execution sale occurs within three years of the judgment or the last payment in respect thereof. The reissue of a warrant within the three-year period does not extend the limitation period. The date of the sale in execution, not the date of the warrant, is determinative. However, if the last payment was made less than three years before the sale, the warrant and sale may still be valid. The respondent failed to provide evidence of the...

Court Disposition

Appeal upheld; order of the court a quo setting aside the sale in execution is set aside; matter referred back to the court a quo for determination of whether the sale in execution contravened section 63 of the Magistrates' Courts Act; costs of appeal to stand over.

Orders

  • The appeal is upheld.
  • The order of the court a quo in paragraph (ii) is set aside.