Sheriff of the High Court of South Africa, Johannesburg South v Motsoeneng (58266/2012) [2014] ZAGPPHC 250 (14 April 2014)
The court held that, in terms of rule 46(11) of the Uniform Rules of Court, the sheriff is required to file a report only where necessary, and that the application in this instance resulted in unnecessary costs. The deposit paid by the respondent must be held in trust by the applicant pending the finalisation of the...
Source-derived case information.
- Citation
- [2014] ZAGPPHC 250
- Parties
- Applicant: Sheriff of the High Court of South Africa, Johannesburg South; Respondent: Mookho Selina Motsoeneng; Plaintiff: Standard Bank of South Africa; Defendant: Sipho Godphrey Zondi
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 58266/2012
- Procedural Posture
- Urgent Application / Application Under Rule 46(11) of the Uniform Rules of Court
- Outcome
- Order granted in terms of prayers 1 and 2 of the notice of motion; deposit to be held in trust; prayers 4, 5, and 6 postponed sine die.
- Judges
- Janse Van Nieuwenhuizen
- Legal Topics
- Rule 46 Uniform Rules, Sheriff Report, Costs of Application
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheriff of the High Court of South Africa, Johannesburg South
Applicant
Mookho Selina Motsoeneng
Respondent
Standard Bank of South Africa
Plaintiff
Sipho Godphrey Zondi
Defendant
Procedural Posture
Urgent Application / Application Under Rule 46(11) of the Uniform Rules of Court
Legal Issues
- 1 Whether the sheriff is required to file a report and application under rule 46(11).
- 2 Whether the incurring of unnecessary costs by such application is justified.
- 3 How the deposit paid by the respondent should be managed pending finalisation.
Ratio Decidendi
The court held that, in terms of rule 46(11) of the Uniform Rules of Court, the sheriff is required to file a report only where necessary, and that the application in this instance resulted in unnecessary costs. The deposit paid by the respondent must be held in trust by the applicant pending the finalisation of the application. Prayers 4, 5, and 6 are postponed sine die, reflecting the court's intention to avoid unnecessary expenditure and procedural steps unless strictly required by the rules.
Court Disposition
Order granted in terms of prayers 1 and 2 of the notice of motion; deposit to be held in trust; prayers 4, 5, and 6 postponed sine die.
Orders
- An order is granted in terms of prayers 1 and 2 of the notice of motion.
- The applicant is directed to keep on trust the deposit paid by the respondent, pending the finalisation of the application.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE NORTH GAUTENG HIGH COURT, PRETORIA
(REPUBLIC OF SOUTH AFRICA)
Case No: 58266/2012
DATE: 14 APRIL 2014
In the matter between:
THE SHERIFF OF THE HIGH COURT OF SOUTH AFRICA,
JOHANNESBURG SOUTH............................................................................................Applicant
and
MOOKHO SELINA MOTSOENENG..........................................................................Respondent
In respect of -
STANDARD BANK OF SOUTH AFRICA.........................................................................Plaintiff
SIPHO GODPHREY ZONDI.........................................................................................Defendant
JUDGMENT
JANSE VAN NIEUWENHUIZEN J
[1] This is an application in terms of the provisions of rule 46(11) of the Uniform rules of court.
[2] In terms of the rule, the sheriff should file a report and an application, which result in the incurring of unnecessary costs, is not necessary. [See: Sheriff, Hlabisa and Nongoma Shobeka 2009 (6) SA 272 (KZN)].
ORDER
In the premises, I make the following order:
1. An order is granted in terms of prayers 1 and 2 of the notice of motion.
2. The applicant is directed to keep on trust the deposit paid by the respondent, pending the finalisation of the application.
3. Prayers 4, 5 and 6 is postponed sine die.
JANSE VAN NIEUWENHUIZEN J
JUDGE OF THE GAUTENG HIGH COURT OF SOUTH AFRICA