Mashau v Sheriff Halfway House Midrand (2826/21) [2022] ZAGPPHC 959 (29 November 2022)

Mashau v Sheriff Halfway House Midrand (2826/21) [2022] ZAGPPHC 959 (29 November 2022)

The court found that the applicant failed to make out a case for rescission of the judgment either under common law or Rule 31(2)(b). The applicant did not file a replying affidavit, leaving the respondent's version unchallenged. The applicant's compliance with the Deed of Sale was not sufficient to overcome the requirements for transfer, as the registrar of deeds requires a valid municipal clearance certificate. The delay in transfer was attributed to the national lockdown, but the applicant was still required to pay outstanding municipal rates as per the Deed of Sale. The court held that service of process on the agent, though irregular, did not prejudice the applicant, as he became...

Citation
[2022] ZAGPPHC 959
Parties
Applicant: Thivhileli Elliot Mashau; Respondent: Sheriff Halfway House Midrand
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 November 2022
Case Number
2826/21
Procedural Posture
Urgent Application / Application for Rescission of Judgment Following Urgent Interim Relief
Outcome
Application dismissed with costs.
Judges
Tlhapi
Legal Topics
Rescission of Judgment, Sale in Execution, Municipal Rates Clearance, Service of Process, Default Judgment
Civil Procedure Land and Property Rescission of Judgment Sale in Execution Municipal Rates Clearance Service of Process Default Judgment

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Parties

Thivhileli Elliot Mashau

Applicant

Sheriff Halfway House Midrand

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Judgment Following Urgent Interim Relief

Legal Issues

  1. 1 Whether the applicant made out a case for rescission of the judgment granted in his absence.
  2. 2 Whether service of the application for cancellation was proper and regular.
  3. 3 Whether the applicant complied with all conditions of the Deed of Sale and was entitled to transfer.

Ratio Decidendi

The court found that the applicant failed to make out a case for rescission of the judgment either under common law or Rule 31(2)(b). The applicant did not file a replying affidavit, leaving the respondent's version unchallenged. The applicant's compliance with the Deed of Sale was not sufficient to overcome the requirements for transfer, as the registrar of deeds requires a valid municipal clearance certificate. The delay in transfer was attributed to the national lockdown, but the applicant was still required to pay outstanding municipal rates as per the Deed of Sale. The court held that service of process on the agent, though irregular, did not prejudice the applicant, as he became...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.