Council for Geoscience v Nkuna and Others (J2235/17) [2017] ZALCJHB 331 (15 September 2017)

Council for Geoscience v Nkuna and Others (J2235/17) [2017] ZALCJHB 331 (15 September 2017)

The court found that the notice of attachment dated 8 September 2017 was invalid because the capital amount claimed was incorrect and contradicted the amounts set out in the introduction of the notice. Furthermore, the court order and amounts claimed were not served on the relevant treasury as required by the State Liability Act. The applicant failed to provide valid reasons for its failure to pay the judgment debt, despite previous undertakings and demands. The court declined to award costs against the respondents, as the applicant's conduct necessitated the execution proceedings.

Citation
[2017] ZALCJHB 331
Parties
Applicant: Council for Geoscience; Respondent: Mungedzi Michael Nkuna; Respondent: The Sheriff for Pretoria East; Respondent: Nedbank Ltd Silverton
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 September 2017
Case Number
J2235/17
Procedural Posture
Urgent Application / Judgment
Outcome
Notice of attachment dated 8 September 2017 set aside; no order as to costs.
Judges
Whitcher
Legal Topics
Writ of Execution, State Liability Act, Judgment Debt, Attachment of Property
Civil Procedure Labour Law Writ of Execution State Liability Act Judgment Debt Attachment of Property

Case Brief

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Parties

Council for Geoscience

Applicant

Mungedzi Michael Nkuna

Respondent

The Sheriff for Pretoria East

Respondent

Nedbank Ltd Silverton

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the notice of attachment dated 8 September 2017 was valid and enforceable.
  2. 2 Whether the capital amount claimed in the notice of attachment was correct.
  3. 3 Whether the court order/award was properly served on the relevant treasury in terms of the State Liability Act.

Ratio Decidendi

The court found that the notice of attachment dated 8 September 2017 was invalid because the capital amount claimed was incorrect and contradicted the amounts set out in the introduction of the notice. Furthermore, the court order and amounts claimed were not served on the relevant treasury as required by the State Liability Act. The applicant failed to provide valid reasons for its failure to pay the judgment debt, despite previous undertakings and demands. The court declined to award costs against the respondents, as the applicant's conduct necessitated the execution proceedings.

Court Disposition

Notice of attachment dated 8 September 2017 set aside; no order as to costs.

Orders

  • The notice of attachment dated 8 September 2017 is set aside.
  • There is no order for costs.