Thoke v Glen Life Properties CC (92664/2019) [2024] ZAGPPHC 578 (20 June 2024)

Thoke v Glen Life Properties CC (92664/2019) [2024] ZAGPPHC 578 (20 June 2024)

The respondent failed to comply with the conditions of sale, justifying cancellation of the sale in execution. Although the respondent withdrew opposition to the cancellation, it did not tender costs until much later, and its conduct did not absolve it from liability for the costs of the application. The applicant is entitled to costs on a party and party scale, not a punitive scale, as the respondent was unrepresented and did not act in bad faith. The deposit paid by the respondent is to be retained pending quantification of loss, and a reserve price is set for the resale of the property to protect the interests of the judgment creditor and debtor.

Citation
[2024] ZAGPPHC 578
Parties
Applicant: SM Thoke; Respondent: Glen Life Properties CC; Plaintiff: Firstrand Bank Limited; Defendant: Tshepiso Pertunia Phadu N.O
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 June 2024
Case Number
92664/2019
Procedural Posture
Civil Application / Final Judgment
Outcome
The sale in execution is cancelled. The property is to be resold subject to a reserve price. The deposit is retained pending quantification of loss. The respondent is ordered to pay costs on a party and party scale.
Judges
SK Hassim
Legal Topics
Sale in Execution, Costs Order, Reserve Price, Municipal Arrears, Body Corporate Levies
Civil Procedure Land and Property Sale in Execution Costs Order Reserve Price Municipal Arrears Body Corporate Levies

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Parties

SM Thoke

Applicant

Glen Life Properties CC

Respondent

Firstrand Bank Limited

Plaintiff

Tshepiso Pertunia Phadu N.O

Defendant

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the sale in execution should be cancelled due to the respondent's failure to comply with the conditions of sale.
  2. 2 Whether the respondent is liable for the costs of the application and, if so, on what scale.
  3. 3 Whether a reserve price should be set for the resale of the property.

Ratio Decidendi

The respondent failed to comply with the conditions of sale, justifying cancellation of the sale in execution. Although the respondent withdrew opposition to the cancellation, it did not tender costs until much later, and its conduct did not absolve it from liability for the costs of the application. The applicant is entitled to costs on a party and party scale, not a punitive scale, as the respondent was unrepresented and did not act in bad faith. The deposit paid by the respondent is to be retained pending quantification of loss, and a reserve price is set for the resale of the property to protect the interests of the judgment creditor and debtor.

Court Disposition

The sale in execution is cancelled. The property is to be resold subject to a reserve price. The deposit is retained pending quantification of loss. The respondent is ordered to pay costs on a party and party scale.

Orders

  • The sale in execution held on 19 May 2022 in respect of the property is cancelled.
  • The applicant is authorized to sell the property at a sale in execution subject to a reserve price of R700,000.00.