Certus Property Solutions CC v Ravuku and Another (36814/2108) [2019] ZAGPJHC 360 (30 August 2019)

Certus Property Solutions CC v Ravuku and Another (36814/2108) [2019] ZAGPJHC 360 (30 August 2019)

The applicant established that the respondents defaulted on their payment obligations under a settlement agreement made an arbitration award and subsequently made an order of court. The respondents have insufficient movable property to satisfy the judgment debt, and the first respondent's allegations of duress and illness are unsupported by evidence. The respondents own another immovable property and will not be rendered homeless by the sale of the Albertsdal property. The requirements of Uniform Rule 46A and the Practice Manual have been met. The reserve price is appropriately set at R1,000,000.00. The applicant is entitled to a writ of execution against the Albertsdal property, subject...

Citation
[2019] ZAGPJHC 360
Parties
Applicant: Certus Property Solutions CC; Respondent: Roxley Ravuku; Respondent: Zanele Nolwandle Ravuku
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 August 2019
Case Number
36814/2108
Procedural Posture
Civil Application / Application for Writ of Execution Against Immovable Property
Outcome
Application granted. Writ of execution against the respondents' immovable property authorised, subject to reserve price and right to prevent sale by payment.
Judges
E Dreyer
Legal Topics
Writ of Execution, Uniform Rule 46a, Judgment Enforcement, Reserve Price, Arbitration Award, Joint Venture Agreement
Civil Procedure Land and Property Writ of Execution Uniform Rule 46a Judgment Enforcement Reserve Price Arbitration Award Joint Venture Agreement

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Parties

Certus Property Solutions CC

Applicant

Roxley Ravuku

Respondent

Zanele Nolwandle Ravuku

Respondent

Procedural Posture

Civil Application / Application for Writ of Execution Against Immovable Property

Legal Issues

  1. 1 Whether the applicant is entitled to a writ of execution against the respondents' immovable property under Uniform Rule 46A.
  2. 2 Whether the respondents will be rendered homeless if the property is sold in execution.
  3. 3 Whether the arbitration award and subsequent court order are valid and enforceable despite allegations of duress and illness by the first respondent.

Ratio Decidendi

The applicant established that the respondents defaulted on their payment obligations under a settlement agreement made an arbitration award and subsequently made an order of court. The respondents have insufficient movable property to satisfy the judgment debt, and the first respondent's allegations of duress and illness are unsupported by evidence. The respondents own another immovable property and will not be rendered homeless by the sale of the Albertsdal property. The requirements of Uniform Rule 46A and the Practice Manual have been met. The reserve price is appropriately set at R1,000,000.00. The applicant is entitled to a writ of execution against the Albertsdal property, subject...

Court Disposition

Application granted. Writ of execution against the respondents' immovable property authorised, subject to reserve price and right to prevent sale by payment.

Orders

  • Erf […], Albertsdal […], Province of Gauteng, held by Deed of Transfer T24212/1996, is declared specially executable.
  • The issue of a writ of execution against Erf […], Albertsdal […], Province of Gauteng, held by Deed of Transfer T24212/1996, is authorised.