South Africa Case Law

Maseloa and Another v Nyandu and Others (3835/2022)

Maseloa and Another v Nyandu and Others (3835/2022) [2023] ZAFSHC 82 (22 March 2023)

Court

Free State High Court, Bloemfontein

Case number

3835/2022

Judge

Daniso

The court found that the applicants lacked locus standi to seek rescission of the order confirming the sale in execution, as they were not parties to the original proceedings and did not have a direct and substantial legal interest in the subject matter. The sale in execution and the court order were granted in accordance with the procedural requirements of rule 46A, and the applicants' offer to purchase, made after the property was sold and attached, was invalid and unenforceable. The judgment debtors, as owners and affected parties, did not raise any prejudice nor were they joined in these…

Source excerpt

• Sale In Execution
• Rule 42 Rescission
• Rule 46a Procedure
• Locus Standi
• Attachment In Execution

G4S Cash Services SA (PTY) Ltd v The Sheriff, Centurion East and Others (J 717/2022)

G4S Cash Services SA (PTY) Ltd v The Sheriff, Centurion East and Others (J 717/2022) [2022] ZALCJHB 168 (29 June 2022)

Court

Labour Court Johannesburg

Case number

J 717/2022

Judge

Whitcher

The court found that the settlement agreement between the applicant and the second respondent was valid, lawfully concluded, and made an order of court. The agreement settled all claims between the parties, and the applicant complied with its obligations. The arguments advanced by the second respondent regarding judgments in rem were irrelevant, as neither the award nor the settlement agreement had public character or transcended the interests of the parties. The second respondent's conduct in seeking enforcement of the award after settlement was disingenuous and amounted to an abuse of court…

Source excerpt

• Settlement Agreement
• Enforcement Of Award
• Attachment In Execution
• Costs De Bonis Propriis

Nxumalo v Curoscore (Pty) Ltd (445/2021)

Nxumalo v Curoscore (Pty) Ltd (445/2021) [2021] ZAECPEHC 16 (16 March 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

445/2021

Judge

T Zietsman

Urgent High Court application dismissed with costs after an attachment under Magistrates’ Court process was held lawful and non-joinder proved fatal.

• Mandament Van Spolie
• Magistrates Court Act Section 32
• Attachment In Execution
• Non Joinder
• Urgency
• Court Orders Enforcement

Tlale NO and Another v Momentum Group Ltd and Others (3471/2007)

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

Court

Free State High Court, Bloemfontein

Case number

3471/2007

Judge

D S Molefe

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…

Source excerpt

• Attachment In Execution
• Necessary Furniture Exemption
• Mortgage Bond Enforcement
• Ubuntu Principle
• Costs Award

Thompson v Johannes Gilfillan Motors (Edms) Bpk t/a Bridge Auto (A175/08)

Thompson v Johannes Gilfillan Motors (Edms) Bpk t/a Bridge Auto (A175/08) [2010] ZAGPPHC 256 (5 January 2010)

Court

North Gauteng High Court, Pretoria

Case number

A175/08

Judges

Webster, Louw

The High Court held that a motor vehicle attached in execution belonged to the judgment debtor, not the respondent, and upheld the attachment.

• Interpleader Proceedings
• Ownership Of Motor Vehicle
• Ret Vindicatio
• Credit Sale
• Attachment In Execution
• Interpleader-proceedings