Setshekgamollo and Others v Majang Incorporated Attorneys and Others (9613/2022) [2023] ZALMPPHC 78 (31 August 2023)

Setshekgamollo and Others v Majang Incorporated Attorneys and Others (9613/2022) [2023] ZALMPPHC 78 (31 August 2023)

The court found that the applicants established urgency as the sheriff was scheduled to sell assets imminently, and communications between the parties did not resolve the ownership dispute. The applicants demonstrated a clear right to the Hyundai H1, the dryer, and the fridge through documentary evidence. The court held that injury was reasonably apprehended because the sale would violate the applicants' rights. The applicants lacked an adequate alternative remedy, as claiming from the fourth respondent would not afford similar protection, given his apparent lack of means. The requirements for a final interdict were satisfied, and the applicants were entitled to relief.

Citation
[2023] ZALMPPHC 78
Parties
Applicant: Maite Virginia Setshekgamollo; Applicant: Molibatsi Setshekgamollo; Applicant: Classic Administrators (Pty) Ltd; Respondent: Majang Incorporated Attorneys; Respondent: Sheriff Sekgosese; Respondent: Sewatumong Micro Lending CC t/a Sewatumong Cash Loans; Respondent: Setlakala Gilbert Setshekgamollo
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
31 August 2023
Case Number
9613/2022
Procedural Posture
Urgent Application / Final Interdict Application Under Rule 6(12) of the Uniform Rules
Outcome
Application granted. The second respondent is interdicted from proceeding with the sale in execution of specified assets. The assets are to be released to the applicants free from fees. Costs awarded against the first respondent on an attorney and client scale.
Judges
M Kgatla
Legal Topics
Final Interdict, Ownership of Movable Property, Sale in Execution, Urgent Interdict, Proof of Ownership
Civil Procedure Land and Property Final Interdict Ownership of Movable Property Sale in Execution Urgent Interdict Proof of Ownership

Case Brief

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Parties

Maite Virginia Setshekgamollo

Applicant

Molibatsi Setshekgamollo

Applicant

Classic Administrators (Pty) Ltd

Applicant

Majang Incorporated Attorneys

Respondent

Sheriff Sekgosese

Respondent

Sewatumong Micro Lending CC t/a Sewatumong Cash Loans

Respondent

Setlakala Gilbert Setshekgamollo

Respondent

Procedural Posture

Urgent Application / Final Interdict Application Under Rule 6(12) of the Uniform Rules

Legal Issues

  1. 1 Whether the applicants have established urgency justifying the hearing of the application on an urgent basis.
  2. 2 Whether the applicants have demonstrated a clear right to the assets subject to attachment and sale in execution.
  3. 3 Whether the applicants have suffered or reasonably apprehend injury if the sale proceeds.

Ratio Decidendi

The court found that the applicants established urgency as the sheriff was scheduled to sell assets imminently, and communications between the parties did not resolve the ownership dispute. The applicants demonstrated a clear right to the Hyundai H1, the dryer, and the fridge through documentary evidence. The court held that injury was reasonably apprehended because the sale would violate the applicants' rights. The applicants lacked an adequate alternative remedy, as claiming from the fourth respondent would not afford similar protection, given his apparent lack of means. The requirements for a final interdict were satisfied, and the applicants were entitled to relief.

Court Disposition

Application granted. The second respondent is interdicted from proceeding with the sale in execution of specified assets. The assets are to be released to the applicants free from fees. Costs awarded against the first respondent on an attorney and client scale.

Orders

  • The second respondent is interdicted from proceeding with the sale in execution of the Hyundai H1 (registration DVF [...]), Brown leather sofa with glass table, LG Plasma TV, Speed Queen Automatic Dryer Control, Trojon Ignite350 Microwave, Brown sofa with coffee table, and Samsung four door fridge.
  • The second respondent is directed to immediately release the above-mentioned assets from attachment and give possession thereof to the applicants respectively, free from payment of any fees.