Van den Bos v Ndevu and Another (2021-37755) [2023] ZAGPJHC 421 (4 May 2023)

Van den Bos v Ndevu and Another (2021-37755) [2023] ZAGPJHC 421 (4 May 2023)

The court found that the applicant was validly appointed as administrator and empowered to act on behalf of the sectional title scheme. The respondent's defences regarding the validity of the administrator's appointment and the judgment were rejected, as no application to set aside or appeal the order had been brought in over three years. The respondent admitted owing money but failed to provide evidence disputing the amount claimed. The property in question was not the respondent's primary residence and had been rented out, with no movable assets available to satisfy the debt. The court concluded that the requirements for declaring the property specially executable were met and granted...

Citation
[2023] ZAGPJHC 421
Parties
Applicant: Jan Van den Bos; Respondent: Simphiwe Cecil Ndevu; Respondent: Reshoketswe Shocky Ndeve
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 May 2023
Case Number
2021-37755
Procedural Posture
Civil Application / Application for Special Executability Order
Outcome
Application granted; the respondent's property is declared specially executable and a writ of execution is authorised.
Judges
B.P. Manyathi
Legal Topics
Special Executability, Judgment Enforcement, Sectional Title Scheme, Locus Standi, Default Judgment
Civil Procedure Land and Property Special Executability Judgment Enforcement Sectional Title Scheme Locus Standi Default Judgment

Case Brief

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Parties

Jan Van den Bos

Applicant

Simphiwe Cecil Ndevu

Respondent

Reshoketswe Shocky Ndeve

Respondent

Procedural Posture

Civil Application / Application for Special Executability Order

Legal Issues

  1. 1 Whether the applicant has locus standi to act on behalf of the sectional title scheme.
  2. 2 Whether the respondent's immovable property should be declared specially executable to satisfy the judgment debt.
  3. 3 Whether the respondent's defences regarding the validity of the administrator's appointment and the judgment are sustainable.

Ratio Decidendi

The court found that the applicant was validly appointed as administrator and empowered to act on behalf of the sectional title scheme. The respondent's defences regarding the validity of the administrator's appointment and the judgment were rejected, as no application to set aside or appeal the order had been brought in over three years. The respondent admitted owing money but failed to provide evidence disputing the amount claimed. The property in question was not the respondent's primary residence and had been rented out, with no movable assets available to satisfy the debt. The court concluded that the requirements for declaring the property specially executable were met and granted...

Court Disposition

Application granted; the respondent's property is declared specially executable and a writ of execution is authorised.

Orders

  • The immovable property situated at Door Number […], Unit […], President Towers, 147 President Street, Germiston, registered under Sectional Title Deed ST14103/2004 is declared specially executable.
  • A writ of execution is to be issued in respect of the property as envisaged in terms of Uniform rule 46(1)(a).