Centwise 153 CC and Another v Tonrais CC and Others (70623/11) [2012] ZAGPPHC 58 (19 April 2012)

Centwise 153 CC and Another v Tonrais CC and Others (70623/11) [2012] ZAGPPHC 58 (19 April 2012)

The court found that the sheriff failed to comply with his statutory duties under the Magistrates Court Rules by not properly handling the applicants' claim to the attached goods and by releasing the goods without notifying the claimants. The respondents had no lawful basis to retain possession of the goods, as clause 20 of the sale agreement did not permit self-help and required a court order for enforcement. The conduct of both the sheriff and the respondents amounted to objectionable self-help, which the court could not condone. The applicants were entitled to the return of the goods, and the sheriff's conduct was referred to the Sheriff's Board for investigation, though no costs order...

Citation
[2012] ZAGPPHC 58
Parties
Applicant: Centwise 153 CC; Applicant: Sifiso Zimbandi; Respondent: Tonrais CC; Respondent: Mary Helen Hattingh; Respondent: Fred Hattingh; Respondent: Sheriff of Zoutpansberg Mr Mike Vermaak; Respondent: Transnet Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 April 2012
Case Number
70623/11
Procedural Posture
Urgent Application / Judgment After Urgent Application
Outcome
Application granted. The first and third respondents are ordered to return the attached goods to the applicants. Costs awarded against the first, second, and third respondents.
Judges
Makgoka
Legal Topics
Interpleader Proceedings, Spoliation, Self Help Remedies, Magistrates Court Rules, Eviction and Attachment
Civil Procedure Land and Property Interpleader Proceedings Spoliation Self Help Remedies Magistrates Court Rules Eviction and Attachment

Case Brief

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Parties

Centwise 153 CC

Applicant

Sifiso Zimbandi

Applicant

Tonrais CC

Respondent

Mary Helen Hattingh

Respondent

Fred Hattingh

Respondent

Sheriff of Zoutpansberg Mr Mike Vermaak

Respondent

Transnet Ltd

Respondent

Procedural Posture

Urgent Application / Judgment After Urgent Application

Legal Issues

  1. 1 Whether the applicants are entitled to the return of goods attached and released by the sheriff to the respondents.
  2. 2 Whether the sheriff complied with his statutory duties under the Magistrates Court Rules when releasing the attached goods.
  3. 3 Whether the respondents were lawfully entitled to retain possession of the goods under the sale agreement or by virtue of the attachment process.

Ratio Decidendi

The court found that the sheriff failed to comply with his statutory duties under the Magistrates Court Rules by not properly handling the applicants' claim to the attached goods and by releasing the goods without notifying the claimants. The respondents had no lawful basis to retain possession of the goods, as clause 20 of the sale agreement did not permit self-help and required a court order for enforcement. The conduct of both the sheriff and the respondents amounted to objectionable self-help, which the court could not condone. The applicants were entitled to the return of the goods, and the sheriff's conduct was referred to the Sheriff's Board for investigation, though no costs order...

Court Disposition

Application granted. The first and third respondents are ordered to return the attached goods to the applicants. Costs awarded against the first, second, and third respondents.

Orders

  • The first and/or third respondents are ordered to return to the applicants all goods released to them by the sheriff on 3 November 2011.
  • The first and/or third respondents are ordered to return to the applicants all goods attached but not removed by the sheriff between 28 - 31 October 2011, which remained at 38 Grobler Street, Louis Trichardt.