Body Corporate Ruby Court v Boyce (55013/2020) [2023] ZAGPPHC 1136 (7 September 2023)

Body Corporate Ruby Court v Boyce (55013/2020) [2023] ZAGPPHC 1136 (7 September 2023)

The court found that the respondent is the owner of the property in question, which is not his primary residence but is instead rented out. The respondent failed to pay arrear levies despite proper service of summons, a default judgment, and unsuccessful execution against movables. The respondent's payment arrangements were not honoured, and no evidence was presented of debt restructuring efforts. The arrears continued to escalate, prejudicing the applicant and its members. The court considered the requirements of Rule 46 and Rule 46A, noting that the property is not the respondent's primary residence and that all alternative remedies have been exhausted. The court accepted the...

Citation
[2023] ZAGPPHC 1136
Parties
Applicant: THE BODY CORPORATE RUBY COURT; Respondent: BHEKINKOSI ISAAC BOYCE
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 September 2023
Case Number
55013/2020
Procedural Posture
Urgent Application / Opposed Application for Special Executability Order
Outcome
Application granted. The respondent's immovable property is declared specially executable subject to a reserve price of R500,000.00. The respondent is ordered to pay the applicant's legal costs on attorney and client scale.
Judges
Yende
Legal Topics
Sectional Title Schemes Management Act, Special Executability, Service of Summons, Arrear Levies, Rule 46 Uniform Rules, Reserve Price Setting
Land and Property Civil Procedure Sectional Title Schemes Management Act Special Executability Service of Summons Arrear Levies Rule 46 Uniform Rules Reserve Price Setting

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Parties

THE BODY CORPORATE RUBY COURT

Applicant

BHEKINKOSI ISAAC BOYCE

Respondent

Procedural Posture

Urgent Application / Opposed Application for Special Executability Order

Legal Issues

  1. 1 Whether the respondent's immovable property should be declared specially executable to satisfy arrear levies owed to the applicant.
  2. 2 Whether the property in question constitutes the respondent's primary residence for purposes of Rule 46A.
  3. 3 Whether a reserve price should be set for the sale of the property.

Ratio Decidendi

The court found that the respondent is the owner of the property in question, which is not his primary residence but is instead rented out. The respondent failed to pay arrear levies despite proper service of summons, a default judgment, and unsuccessful execution against movables. The respondent's payment arrangements were not honoured, and no evidence was presented of debt restructuring efforts. The arrears continued to escalate, prejudicing the applicant and its members. The court considered the requirements of Rule 46 and Rule 46A, noting that the property is not the respondent's primary residence and that all alternative remedies have been exhausted. The court accepted the...

Court Disposition

Application granted. The respondent's immovable property is declared specially executable subject to a reserve price of R500,000.00. The respondent is ordered to pay the applicant's legal costs on attorney and client scale.

Orders

  • The property owned by the respondent, described as Flat [..] of the Sectional Title Scheme SS RUBY COURT, Scheme Number [..], situated at [..] S[...] B[...] Street, Eco Park, Highveld Ext 5[...], held under Deed of Transfer No, ST7 [..], is declared specially and immediately executable subject to a reserve price of...
  • The respondent is liable to pay the legal costs incurred by the applicant in obtaining recovery of arrear levies on attorney and client scale.