Blackberry Limited and Another v De Bod and Others [2022] ZAGPPHC 1005 (12 December 2022)

Blackberry Limited and Another v De Bod and Others [2022] ZAGPPHC 1005 (12 December 2022)

The court found that the applicants had exhausted all reasonable means to satisfy the judgment debt, including attachment of movables and shares, which proved fruitless. The respondents failed to provide credible evidence of alternative means to pay the debt, and their tendered monthly payment and speculative VAT...

Source-derived case information.

Citation
[2022] ZAGPPHC 1005
Parties
Applicant: Blackberry Limited; Applicant: Blackberry Mobile South Africa (Pty) Ltd; Respondent: Christopher Shaun De Bod; Respondent: Rico Wessels; Respondent: The Sheriff of the High Court (Pretoria East); Respondent: ABSA Bank Homeloans Guarantee Co (RF) (Pty) Ltd; Respondent: The City of Tshwane Metropolitan; Respondent: The O[...] Country Estate Homeowners Association
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 December 2022
Case Number
8021/2022
Procedural Posture
Urgent Application / Application for Declaration of Immovable Property as Specially Executable
Outcome
Application granted; the respondents' immovable property is declared specially executable, subject to a reserve price and delayed sale.
Judges
Swanepoel
Legal Topics
Uniform Rule 46a, Sale in Execution, Reserve Price, Primary Residence Protection, Judgment Enforcement
Civil Procedure Land and Property Uniform Rule 46a Sale in Execution Reserve Price Primary Residence Protection Judgment Enforcement

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Parties

Blackberry Limited

Applicant

Blackberry Mobile South Africa (Pty) Ltd

Applicant

Christopher Shaun De Bod

Respondent

Rico Wessels

Respondent

The Sheriff of the High Court (Pretoria East)

Respondent

ABSA Bank Homeloans Guarantee Co (RF) (Pty) Ltd

Respondent

The City of Tshwane Metropolitan

Respondent

The O[...] Country Estate Homeowners Association

Respondent

Procedural Posture

Urgent Application / Application for Declaration of Immovable Property as Specially Executable

Legal Issues

  1. 1 Whether the applicants are entitled to have the respondents' primary residence declared specially executable to satisfy an unpaid judgment debt.
  2. 2 Whether the respondents have demonstrated alternative means to satisfy the judgment debt other than execution against their immovable property.
  3. 3 Whether the presence of a minor child with special needs at the property constitutes a relevant factor precluding execution.

Ratio Decidendi

The court found that the applicants had exhausted all reasonable means to satisfy the judgment debt, including attachment of movables and shares, which proved fruitless. The respondents failed to provide credible evidence of alternative means to pay the debt, and their tendered monthly payment and speculative VAT refund were insufficient and unsupported. The opposition based on alleged unlawful termination of an agreement was irrelevant to the enforceability of the judgment. The presence of a minor child with special needs at the property, while considered, was not supported by confirmatory evidence and did not establish the respondents as primary caregivers or create a legal obligation...

Court Disposition

Application granted; the respondents' immovable property is declared specially executable, subject to a reserve price and delayed sale.

Orders

  • The immovable property described as Erf [....], B[....] Extension 3, situated at [....] C[....]Street, O[....], [....] A[....] Street, O[....], Pretoria, and held by the first and second respondents under Deed of Transfer with number [....] is declared specially executable.
  • The Registrar is authorised to issue a writ of execution in respect of the immovable property, and the Sheriff is authorised to attach, advertise, and sell the property in execution in accordance with Uniform Rule 46.