Standard Bank of SA Ltd v Mac Vay (27224/2013) [2014] ZAGPPHC 752 (10 September 2014)

Standard Bank of SA Ltd v Mac Vay (27224/2013) [2014] ZAGPPHC 752 (10 September 2014)

The court found that the respondent was properly served at his chosen domicilium citandi et executandi and that the Section 129 NCA letter was sent. The respondent failed to take any steps to oppose the application or to remedy the default. The delay between the monetary judgment and the application for execution did not constitute an abuse of process, as the applicant afforded the respondent ample time to engage with the bank or the court. The requirements for declaring the property executable and authorising the issuing of a writ of execution were satisfied. Accordingly, the property was declared executable and the Registrar was authorised to issue a warrant of execution.

Citation
[2014] ZAGPPHC 752
Parties
Applicant: THE STANDARD BANK OF SA LTD; Respondent: MAC VAY: JOHN ADAM PETRUS
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 September 2014
Case Number
27224/2013
Procedural Posture
Civil Application / Application for Order Declaring Property Executable Following Default Judgment
Outcome
The application to declare the property executable and authorise the issuing of a warrant of execution is granted.
Judges
Webster
Legal Topics
Default Judgment, Writ of Execution, Mortgage Bond Enforcement, Sectional Title Property, Service of Process
Civil Procedure Land and Property Default Judgment Writ of Execution Mortgage Bond Enforcement Sectional Title Property Service of Process

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

THE STANDARD BANK OF SA LTD

Applicant

MAC VAY: JOHN ADAM PETRUS

Respondent

Procedural Posture

Civil Application / Application for Order Declaring Property Executable Following Default Judgment

Legal Issues

  1. 1 Whether the property may be declared executable following the grant of default judgment.
  2. 2 Whether the respondent was properly served with all relevant notices and process.
  3. 3 Whether the delay between the monetary judgment and the application for execution constitutes an abuse of process.

Ratio Decidendi

The court found that the respondent was properly served at his chosen domicilium citandi et executandi and that the Section 129 NCA letter was sent. The respondent failed to take any steps to oppose the application or to remedy the default. The delay between the monetary judgment and the application for execution did not constitute an abuse of process, as the applicant afforded the respondent ample time to engage with the bank or the court. The requirements for declaring the property executable and authorising the issuing of a writ of execution were satisfied. Accordingly, the property was declared executable and the Registrar was authorised to issue a warrant of execution.

Court Disposition

The application to declare the property executable and authorise the issuing of a warrant of execution is granted.

Orders

  • Section No 53 as described in Sectional Plan No. SS67/1985, held by Deed of Transfer No. ST47477/2011, is declared executable.
  • The Registrar is authorised to issue a Warrant of Execution against the property in terms of Rule 46(1)(a)(ii).