Delta Blue Trading 489 CC v Makhubela and Another (14045/2009) [2009] ZAGPPHC 385 (6 October 2009)

Delta Blue Trading 489 CC v Makhubela and Another (14045/2009) [2009] ZAGPPHC 385 (6 October 2009)

The court found that the First Respondent's only asset is his undivided share in the immovable property and that execution against this share is warranted to satisfy the outstanding amounts under the default judgment. The Respondents failed to file any opposing papers or heads of argument, and their counsel withdrew...

Source-derived case information.

Citation
[2009] ZAGPPHC 385
Parties
Applicant: Delta Blue Trading 489 CC; Respondent: Madibane Elias Makhubela; Respondent: Sheila Martha Makhubela
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 October 2009
Case Number
14045/2009
Procedural Posture
Urgent Application / Opposed Motion Roll; Application for Declaration and Costs
Outcome
Application granted. Declaration of executability and costs order against Respondents.
Judges
Kemp AJ
Legal Topics
Execution Against Immovable Property, Default Judgment, Costs Order
Civil Procedure Land and Property Execution Against Immovable Property Default Judgment Costs Order

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Parties

Delta Blue Trading 489 CC

Applicant

Madibane Elias Makhubela

Respondent

Sheila Martha Makhubela

Respondent

Procedural Posture

Urgent Application / Opposed Motion Roll; Application for Declaration and Costs

Legal Issues

  1. 1 Whether the First Respondent's undivided share in the immovable property is executable for the outstanding amounts under the default judgment.
  2. 2 Whether the Respondents should be ordered to pay the costs of the application.

Ratio Decidendi

The court found that the First Respondent's only asset is his undivided share in the immovable property and that execution against this share is warranted to satisfy the outstanding amounts under the default judgment. The Respondents failed to file any opposing papers or heads of argument, and their counsel withdrew due to lack of instructions. The court considered the conduct of the Respondents and their attorney, noting a lack of diligence and possible misrepresentation regarding their ability to locate the court. The court declared the First Respondent's undivided share executable and ordered both Respondents to pay the costs of the application jointly and severally. The judgment was...

Court Disposition

Application granted. Declaration of executability and costs order against Respondents.

Orders

  • It is declared that the First Respondent's undivided share in the immovable property described in the judgment is executable for the outstanding amounts of the default judgment taken against the First Respondent by the Applicant in the Magistrates Court for the District of Pretoria under case number 134446/2007.
  • The First and Second Respondents are ordered to pay the costs of this application jointly and/or severally.