ABSA Bank v Schuurman and Others (82184/16) [2024] ZAGPPHC 883 (13 September 2024)

ABSA Bank v Schuurman and Others (82184/16) [2024] ZAGPPHC 883 (13 September 2024)

The court found that the respondents had defaulted on their payment arrangement and remained unable to satisfy the judgment debt. Despite multiple postponements and opportunities to obtain legal representation and regularize their affairs, the respondents' only income is a SASSA pension, and they have no other means to pay the debt. The applicant is not abusing the execution process. The property was mortgaged as security for the debt, and the amount due as at 30 July 2024 was R2,061,253.42. The court granted the order declaring the property specially executable, but suspended execution of prayer 3 of the draft order until January 2025 to allow the respondents further time to arrange...

Citation
[2024] ZAGPPHC 883
Parties
Applicant: ABSA Bank; Respondent: A W C Schuurman; Respondent: M Schuurman; Respondent: B Schoeman; Respondent: M N Brummer; Respondent: Other Occupiers
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 September 2024
Case Number
82184/16
Procedural Posture
Urgent Application / Application for Execution Order Following Default Judgment
Outcome
Application granted; property declared specially executable with partial suspension of execution.
Judges
E van der Schyff
Legal Topics
Rule 46 Application, Special Executability, Mortgage Enforcement, Default Judgment, Suspension of Execution
Civil Procedure Land and Property Rule 46 Application Special Executability Mortgage Enforcement Default Judgment Suspension of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

ABSA Bank

Applicant

A W C Schuurman

Respondent

M Schuurman

Respondent

B Schoeman

Respondent

M N Brummer

Respondent

Other Occupiers

Respondent

Procedural Posture

Urgent Application / Application for Execution Order Following Default Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to have the respondents' immovable property declared specially executable.
  2. 2 Whether the respondents have any satisfactory means to satisfy the judgment debt other than execution against the property.
  3. 3 Whether the execution process is being abused by the applicant.

Ratio Decidendi

The court found that the respondents had defaulted on their payment arrangement and remained unable to satisfy the judgment debt. Despite multiple postponements and opportunities to obtain legal representation and regularize their affairs, the respondents' only income is a SASSA pension, and they have no other means to pay the debt. The applicant is not abusing the execution process. The property was mortgaged as security for the debt, and the amount due as at 30 July 2024 was R2,061,253.42. The court granted the order declaring the property specially executable, but suspended execution of prayer 3 of the draft order until January 2025 to allow the respondents further time to arrange...

Court Disposition

Application granted; property declared specially executable with partial suspension of execution.

Orders

  • The Draft Order, marked 'X', dated and signed by the judge, is made an order of court.
  • The execution of prayer 3 of the draft order is suspended until January 2025.