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South Africa Judgment

North Gauteng High Court, Pretoria

Van Der Merwe N.O. v Du Plessis, In Re; Nedbank Limited v Jacobs (12149/2012) [2014] ZAGPPHC 214 (22 April 2014)

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Source document

01

Holding and result

The court held that, in terms of rule 46(11) of the Uniform Rules of Court, the sheriff is required to file a report and that an application which results in unnecessary costs is not necessary. The court relied on the precedent set in Sheriff, Hlabisa and Nongoma v Shobeka, confirming that the process should be streamlined to avoid unnecessary expenditure. Accordingly, the court granted the relief sought in prayers 1 and 3 of the notice of motion, postponed prayer 2 sine die, and dismissed prayer 4.

Court disposition

Order granted in terms of prayers 1 and 3 of the notice of motion; prayer 2 postponed sine die; prayer 4 dismissed.

Orders

  • An order is granted in terms of prayers 1 and 3 of the notice of motion.
  • Prayer 2 is postponed sine die.
  • Prayer 4 is dismissed.

02

Material facts

Parties

Maria Cornelia Magdalena Van Der Merwe N.O.

Applicant

Karel Ferdinand Du Plessis o.b.o. Camel Friends CC

Respondent

Nedbank Limited

Plaintiff

Johannes Rudolph Jacobs

Defendant

03

Procedural history

  1. Posture

    Civil Application / Application Under Rule 46(11)

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that the application under rule 46(11) was necessary to obtain the relief sought in the notice of motion, specifically prayers 1 and 3.
Respondent
The respondent argued that the sheriff is required to file a report and that the application results in unnecessary costs, which is not necessary in terms of the rule and relevant case law.

05

Court’s reasoning

  1. 01

    Sheriff, Hlabisa and Nongoma v Shobeka 2009 (6) SA 272 (KZN)

    Rule 46(11) of the Uniform Rules of Court requires the sheriff to file a report, and an application resulting in unnecessary costs is not necessary.

06

Ratio, limits and disposition

Ratio decidendi

The court held that, in terms of rule 46(11) of the Uniform Rules of Court, the sheriff is required to file a report and that an application which results in unnecessary costs is not necessary. The court relied on the precedent set in Sheriff, Hlabisa and Nongoma v Shobeka, confirming that the process should be streamlined to avoid unnecessary expenditure. Accordingly, the court granted the relief sought in prayers 1 and 3 of the notice of motion, postponed prayer 2 sine die, and dismissed prayer 4.

Obiter and limits

  • The court emphasized the importance of minimizing unnecessary costs in procedural applications under the Uniform Rules of Court.
  • The judgment reinforces the principle that the sheriff's report suffices in most cases, and additional applications should be avoided unless strictly necessary.

Court disposition

Order granted in terms of prayers 1 and 3 of the notice of motion; prayer 2 postponed sine die; prayer 4 dismissed.

  • An order is granted in terms of prayers 1 and 3 of the notice of motion.
  • Prayer 2 is postponed sine die.
  • Prayer 4 is dismissed.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2014] ZAGPPHC 214

IN THE NORTH GAUTENG HIGH COURT, PRETORIA

(REPUBLIC OF SOUTH AFRICA)

Case No: 12149/2012

Date: 22 April 2014

In the matter between:

MARIA CORNELIA MAGDALENA VAN DER MERWE N.O…………………...Applicant

and

KAREL

FERDINAND DU PLESSIS

o.b.o. CAMEL FRIENDS CC……………………………………………………….Respondent

In Re -

NEDBANK LIMITED………………………………………………………………..Plaintiff

JACOBS; JOHANNES RUDOLPH…………………………………………………Defendant

JUDGMENT

JANSE

VAN NIEUWENHUIZEN J

[1] This is an application in terms of the provisions of rule 46(11) of the Uniform rules of court.

[2] In terms of the rule, the sheriff should file a report and an application, which result in the incurring of unnecessary costs, is not necessary. [See: Sheriff, Hlabisa and Nongoma v Shobeka 2009 (6) SA 272 (KZN)].

ORDER

In the premises, I make the following order:

1. An order is granted in terms of prayers 1 and 3 of the notice of motion.

2. Prayer 2 is postponed sine die.

3. Prayer 4 is dismissed.

JANSE VAN

NIEUWENHUIZEN J

JUDGE OF THE

GAUTENG HIGH COURT OF SOUTH AFRICA

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Sheriff, Hlabisa and Nongoma v Shobeka 2009 (6) SA 272 (KZN)

Case cited

Uniform Rules of Court, Rule 46(11)

Legislation

Legislation referenced in the available case record.

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