Felix and Another v Nedbank Limited and Another (49134/2013) [2024] ZAGPPHC 432 (15 May 2024)

Felix and Another v Nedbank Limited and Another (49134/2013) [2024] ZAGPPHC 432 (15 May 2024)

The court found that the applicants failed to establish any legal basis for an urgent interdict preventing the sale in execution. The pending application for reconsideration before the President of the Supreme Court of Appeal relates only to the dismissal of a previous urgent application and does not affect the validity of the monetary judgment or the order declaring the property executable. The applicants have not made payments towards their indebtedness for nearly a decade and have persistently abused the legal process to frustrate enforcement. The argument that the 2020 order for executability is a nullity was rejected as meritless; the Full Court's absolution from the instance did not...

Citation
[2024] ZAGPPHC 432
Parties
Applicant: Jose Americo Goncalves Felix; Applicant: Maria Judite Pestana Felix; Respondent: Nedbank Limited; Respondent: Sheriff of the Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 May 2024
Case Number
49134/2013
Procedural Posture
Urgent Application / Application for Urgent Interdict to Prevent Sale in Execution
Outcome
Application dismissed with punitive costs order against the applicants.
Judges
Millar
Legal Topics
Sale in Execution, Urgent Interdict, Rule 46a Compliance, Abuse of Process, Attorney Client Costs
Civil Procedure Land and Property Sale in Execution Urgent Interdict Rule 46a Compliance Abuse of Process Attorney Client Costs

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Parties

Jose Americo Goncalves Felix

Applicant

Maria Judite Pestana Felix

Applicant

Nedbank Limited

Respondent

Sheriff of the Court

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict to Prevent Sale in Execution

Legal Issues

  1. 1 Whether the applicants are entitled to an urgent interdict preventing the sale in execution of their property scheduled for 15 May 2024.
  2. 2 Whether the pending application for reconsideration before the President of the Supreme Court of Appeal justifies the interdict.
  3. 3 Whether the applicants have abused the court process to frustrate enforcement of the judgment.

Ratio Decidendi

The court found that the applicants failed to establish any legal basis for an urgent interdict preventing the sale in execution. The pending application for reconsideration before the President of the Supreme Court of Appeal relates only to the dismissal of a previous urgent application and does not affect the validity of the monetary judgment or the order declaring the property executable. The applicants have not made payments towards their indebtedness for nearly a decade and have persistently abused the legal process to frustrate enforcement. The argument that the 2020 order for executability is a nullity was rejected as meritless; the Full Court's absolution from the instance did not...

Court Disposition

Application dismissed with punitive costs order against the applicants.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the first respondent’s costs of the application on the scale as between attorney and client.