Trade Up - Front 188 (Pty) Ltd t/a Itec Free State v Bersalom (Pty) t/a Nashua and Another (2715/2015) [2015] ZAFSHC 251 (14 August 2015)
The court found that, given the respondents' consent to the delivery of the goods as itemised in the sheriff's inventory, and in the absence of opposition, it was appropriate to grant the order sought by the applicant. The court was persuaded by the respondents' counsel that the application should succeed in this...
Source-derived case information.
- Citation
- [2015] ZAFSHC 251
- Parties
- Applicant: Trade Up - Front 188 (Pty) Ltd t/a Itec Free State; Respondent: Bersalom (Pty) Ltd t/a Nashua; Respondent: Carospan (Pty) Ltd t/a Nashua Free State and Northern Cape
- Court
- Free State High Court, Bloemfontein
- Jurisdiction
- South Africa
- Case Number
- 2715/2015
- Procedural Posture
- Urgent Application / Unopposed Motion
- Outcome
- Order granted for delivery of goods as itemised in the sheriff's inventory to the applicant's attorney.
- Judges
- M. H. Rampai
- Legal Topics
- Delivery of Goods, Sheriff Inventory, Unopposed Application
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trade Up - Front 188 (Pty) Ltd t/a Itec Free State
Applicant
Bersalom (Pty) Ltd t/a Nashua
Respondent
Carospan (Pty) Ltd t/a Nashua Free State and Northern Cape
Respondent
Procedural Posture
Urgent Application / Unopposed Motion
Legal Issues
- 1 Whether the applicant is entitled to delivery of the goods itemised in the sheriff's inventory.
- 2 Whether the respondents' consent to hand over the goods is sufficient to grant the order.
Ratio Decidendi
The court found that, given the respondents' consent to the delivery of the goods as itemised in the sheriff's inventory, and in the absence of opposition, it was appropriate to grant the order sought by the applicant. The court was persuaded by the respondents' counsel that the application should succeed in this instance.
Court Disposition
Order granted for delivery of goods as itemised in the sheriff's inventory to the applicant's attorney.
Orders
- The goods listed in the sheriff's inventory are to be handed over to the applicant's attorney.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
FREE STATE DIVISION BLOEMFONTEIN
Case no.: 2715/2015
In the matter between:
TRADE UP – FRONT 188 (PTY) LTD t/a ITEC
FREE STATE (Reg No. 1997/001654/07)
Applicant
and
BERSALOM (PTY) LTD t/a NASHUA
(Reg No. 1971/004863/07)
1st Respondent
CAROSPAN (PTY) LTD t/a NASHUA FREE STATE
AND NORTHERN CAPE (Reg No. 2012/001649/07)
2nd Respondent
JUDGMENT BY: RAMPAI, J
HEARD ON:
30 JULY 2015
REQUEST:
14 AUGUST 2015
REASONS
The matter was on the unopposed roll on Thursday 30 July 2015. Counsel for the respondents argued that notwithstanding the consent of the respondents to have the goods, as itemised in the sheriff’s inventory, handed over to the applicant’s attorney, the application might ultimately still fail. In this second application, I was persuaded by the argument of the counsel for the respondents to make the order.
Signed in Bloemfontein on 19 August 2015.
______________
M. H. RAMPAI, J
Kramer, Weihmann Joubert
Attorneys for the respondents
Matsepes Incorporated
Attorneys for the applicants
/eb