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South Africa Case Law

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Civil Procedure [2003] ZANWHC 60

Firstrand Bank Limited v Ramokgadi and Others (296/02)

Firstrand Bank Limited v Ramokgadi and Others (296/02) [2003] ZANWHC 60 (10 October 2003)

Court
North West High Court, Mafikeng
Case number
296/02
Judge
Nkabinde

The court found that the sale in execution was invalid due to non-compliance with the mandatory requirements of Rule 46 of the Uniform Rules of Court. The advertisement of the sale in the Government Gazette did not occur within the prescribed two-week period, and the applicant, as a preferent creditor and mortgagee, was not given the required notices. The respondent's explanation for non-compliance was insufficient, and condonation was refused. The court held that the procedural defects were fatal to the validity of the sale, and the applicant's interests were prejudiced as the sale price did…

Source excerpt

  • Sale In Execution
  • Preferent Creditor
  • Mortgagee Notice
  • Rule 46 Compliance
  • Condonation
  • Advertisement Requirements
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Civil Procedure [1999] ZASCA 12

Hoban v ABSA Bank Ltd t/a United Bank and Others (275/1997)

Hoban v ABSA Bank Ltd t/a United Bank and Others (275/1997) [1999] ZASCA 12; [1999] 2 All SA 483 (A) (19 March 1999)

Court
Supreme Court of Appeal
Case number
275/1997
Judges
Mahomed, Howie, Olivier, Farlam, Madlanga

The Supreme Court of Appeal held that the term 'days' in Rule 46(7)(c) of the Uniform Rules, as it read prior to the 1996 amendment, must be interpreted as 'court days' in accordance with the definition in Rule 1. The Court found that Rule 46 deals with procedural matters connected to litigation, and there is no contextual or legislative basis to depart from the defined meaning. Applying the statutory definition does not result in injustice, incongruity, or absurdity. Therefore, the advertisements for the sale in execution were published within the prescribed period, and the requirements of R…

Source excerpt

  • Sale In Execution
  • Interpretation Of Rules
  • Computation Of Time
  • Rule 46 Uniform Rules
  • Advertisement Requirements
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.