Meyer and Another v Van Der Riet (1656/2021) [2021] ZAFSHC 218 (13 September 2021)

Meyer and Another v Van Der Riet (1656/2021) [2021] ZAFSHC 218 (13 September 2021)

The court found that while the respondent was not in arrears under the Acknowledgement of Debt, he had breached the terms of the notarial bond by relocating, selling, and failing to maintain the bonded assets without the applicants' consent. The bond was intended to secure repayment of the loan, and its terms prohibited such actions. However, since no amount was currently due and payable under the AOD, the court declined to authorize the sale or disposal of the assets. Instead, the court ordered interim attachment of assets to the value of the outstanding debt to secure the applicants' rights under the bond, pending finalization of the application.

Citation
[2021] ZAFSHC 218
Parties
Applicant: Wilhelmina Catharina Beukes Meyer; Applicant: Eric Fred Meyer; Respondent: Charl Johannes van der Riet
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
13 September 2021
Case Number
1656/2021
Procedural Posture
Urgent Application / Rule Nisi and Interim Relief Pending Finalization
Outcome
Rule nisi issued with interim attachment of assets to secure the outstanding debt; no costs order against either party.
Judges
C Reinders
Legal Topics
Notarial Bond Perfection, Security Rights, Attachment of Assets, Breach of Bond Terms
Land and Property Civil Procedure Notarial Bond Perfection Security Rights Attachment of Assets Breach of Bond Terms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Wilhelmina Catharina Beukes Meyer

Applicant

Eric Fred Meyer

Applicant

Charl Johannes van der Riet

Respondent

Procedural Posture

Urgent Application / Rule Nisi and Interim Relief Pending Finalization

Legal Issues

  1. 1 Whether the applicants are entitled to perfect the notarial bond over the respondent's movable assets.
  2. 2 Whether the respondent breached the terms of the notarial bond despite compliance with the Acknowledgement of Debt.
  3. 3 Whether interim attachment of assets is justified when the respondent is not in arrears under the AOD.

Ratio Decidendi

The court found that while the respondent was not in arrears under the Acknowledgement of Debt, he had breached the terms of the notarial bond by relocating, selling, and failing to maintain the bonded assets without the applicants' consent. The bond was intended to secure repayment of the loan, and its terms prohibited such actions. However, since no amount was currently due and payable under the AOD, the court declined to authorize the sale or disposal of the assets. Instead, the court ordered interim attachment of assets to the value of the outstanding debt to secure the applicants' rights under the bond, pending finalization of the application.

Court Disposition

Rule nisi issued with interim attachment of assets to secure the outstanding debt; no costs order against either party.

Orders

  • A rule nisi is issued returnable 14 October 2021 at 09h30 calling upon respondent and/or any other affected parties to show cause why the interim orders should not be made final.
  • The Sheriff of the court is ordered to attach assets to the value of R415,700.00 until full payment is made by respondent to applicants, or until otherwise ordered by the court.