Tlale NO and Another v Momentum Group Ltd and Others (3471/2007) [2012] ZAFSHC 179 (20 September 2012)

Tlale NO and Another v Momentum Group Ltd and Others (3471/2007) [2012] ZAFSHC 179 (20 September 2012)

The court found that the attached movables did not constitute necessary furniture and household utensils required for the applicants' survival, and their value exceeded the statutory exemption of R2,000 as determined by the Minister. The attachment was therefore not in contravention of section 39 of the Supreme Court Act 59 of 1959. The applicants' reliance on the concept of ubuntu and constitutional dignity, while acknowledged, did not outweigh the legitimate interests of creditors to recover debts through lawful execution. The applicants were ill-advised to persist in litigation, resulting in unnecessary legal costs. The application was dismissed and costs were awarded against the...

Citation
[2012] ZAFSHC 179
Parties
Applicant: Mrs Phuti Joyce Tlale N.O.; Applicant: Mrs Phuti Joyce Tlale; Respondent: Momentum Group Limited; Respondent: Sheriff of Kroonstad; Respondent: Absa Bank Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 September 2012
Case Number
3471/2007
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed with costs awarded against the applicants.
Judges
D S Molefe
Legal Topics
Attachment in Execution, Necessary Furniture Exemption, Mortgage Bond Enforcement, Ubuntu Principle, Costs Award
Civil Procedure Land and Property Attachment in Execution Necessary Furniture Exemption Mortgage Bond Enforcement Ubuntu Principle Costs Award

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Parties

Mrs Phuti Joyce Tlale N.O.

Applicant

Mrs Phuti Joyce Tlale

Applicant

Momentum Group Limited

Respondent

Sheriff of Kroonstad

Respondent

Absa Bank Limited

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the attachment of the applicants' movable goods contravenes section 39 of the Supreme Court Act 59 of 1959.
  2. 2 Whether the attached goods constitute 'necessary furniture and household utensils' exempt from execution.
  3. 3 Whether exceptional circumstances exist to increase the exempted value of attached items.

Ratio Decidendi

The court found that the attached movables did not constitute necessary furniture and household utensils required for the applicants' survival, and their value exceeded the statutory exemption of R2,000 as determined by the Minister. The attachment was therefore not in contravention of section 39 of the Supreme Court Act 59 of 1959. The applicants' reliance on the concept of ubuntu and constitutional dignity, while acknowledged, did not outweigh the legitimate interests of creditors to recover debts through lawful execution. The applicants were ill-advised to persist in litigation, resulting in unnecessary legal costs. The application was dismissed and costs were awarded against the...

Court Disposition

Application dismissed with costs awarded against the applicants.

Orders

  • The attachment in execution is not in contravention of section 39 of the Supreme Court Act 59 of 1959.
  • The application is dismissed.