Sekgale v Body Corporate Glenhurst and Others (2019/25535) [2019] ZAGPJHC 283 (8 August 2019)
The court determined that the application could not proceed until the purchaser of the vehicle sold in execution was joined as a party. The applicant was directed to serve the main application and a supplementary founding affidavit on both the body corporate and the purchaser. The supplementary affidavit must...
Source-derived case information.
- Citation
- [2019] ZAGPJHC 283
- Parties
- Applicant: Sekgala Rammutlana Boelie; Respondent: Body Corporate Glenhurst; Respondent: Sheriff of the High Court (Sandton North); Respondent: Samuel "Sam" Mandla
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Judgment Date
- 8 August 2019
- Case Number
- 2019/25535
- Procedural Posture
- Urgent Application / Interlocutory Order; Application Postponed Sine Die
- Outcome
- Application postponed sine die pending compliance with procedural directions.
- Judges
- Van der Linde
- Legal Topics
- Joinder of Parties, Service of Process, Sale in Execution, Supplementary Affidavit, Appeal Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sekgala Rammutlana Boelie
Applicant
Body Corporate Glenhurst
Respondent
Sheriff of the High Court (Sandton North)
Respondent
Samuel "Sam" Mandla
Respondent
Procedural Posture
Urgent Application / Interlocutory Order; Application Postponed Sine Die
Legal Issues
- 1 Whether the application should proceed without joinder of the purchaser at the sale in execution.
- 2 Whether proper service of the main application has been effected on the body corporate.
- 3 Whether the applicant has provided sufficient information regarding previous appeals and the sale in execution.
Ratio Decidendi
The court determined that the application could not proceed until the purchaser of the vehicle sold in execution was joined as a party. The applicant was directed to serve the main application and a supplementary founding affidavit on both the body corporate and the purchaser. The supplementary affidavit must address specific procedural and factual issues, including the history of appeals, the applicability of rule 70 of the Magistrates' Court Rules, and the circumstances surrounding the sale in execution and efforts to recover the vehicle. The application was postponed sine die pending compliance with these procedural requirements.
Court Disposition
Application postponed sine die pending compliance with procedural directions.
Orders
- The application is postponed sine die and may not be enrolled before compliance with the remainder of the order.
- The applicant must apply on motion for the joinder of the purchaser of the vehicle at the sale in execution.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
ON 8 AUGUST 2019, BEFORE HIS LORDSHIP MR JUSTICE VAN DER LINDE
CASE NO: 2019/25535
In the matter between:
Sekgala Rammutlana Boelie
Applicant
And
Body Corporate Glenhurst
First
Respondent
Sheriff of the High Court (Sandton North)
Second Respondent
Samuel “Sam” Mandla
Third Respondent
Order
Having heard the applicant in person, and having read the papers filed, the following order is made:
(a) The application is postponed sine die and may not be enrolled before the remainder of this order will have been complied with.
(b) The applicant must apply on motion, served personally by the deputy-sheriff and to be heard at the same time as the date for which this matter is re-enrolled, for the joinder to the main application of the purchaser of the vehicle at the sale in execution.
(c) The main application must be served by the deputy-sheriff on the body corporate at its registered address.
(d) The applicant must file a supplementary founding affidavit which must deal with the following matter raised in the applicant's founding affidavit:
(i)A copy of the order against which he had appealed to a full bench of this Court, which appeal was struck from the roll;
(ii)A copy of the order of the full bench of this Court which struck the appeal from the roll, together with a copy of the judgment of the full bench of this Court striking it from the roll;
(iii)A copy of the application for leave to appeal to the Supreme Court of Appeal;
(iv) A copy of the judgment and order of the Supreme Court of Appeal dismissing the application for leave to appeal to it;
(v)A copy of the application for leave to appeal to the Constitutional Court;
(vi) An explanation as to the outcome of the application for leave to appeal to the Constitutional Court;
(vii) An explanation of any facts relevant, in the applicant's view, to the applicability of rule 70 of the Magistrates' Court Rules to this matter;
(viii) An explanation as to precisely when and how the applicant acquired notice of the sale in execution;
(ix) An explanation of the steps taken by the applicant to secure return of the vehicle from when it was first attached.
(e) The supplementary affidavit described above, together with this court order, must both be served by the deputy-sheriff on the body corporate at its registered address, as well as personally on the purchaser of the motor vehicle.
BY ORDER OF COURT
REGISTRAR