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South Africa decisions
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Chikala and Others v Tovani Trading 269 CC and Others (56834/15) [2017] ZAGPPHC 155 (15 March 2017)
The court set aside a sale in execution after finding a resolutive condition in the sale terms had been fulfilled, making the transfer invalid.
Pienaar NO v Land and Agricultural Bank of South Africa and Others (2279/10) [2011] ZAECGHC 71 (20 October 2011)
The court set aside a writ, attachment, and sale in execution after finding the judgment had superannuated under Rule 66(1).
Naidoo and Another v Firstrand Finance Company Ltd and Others (25776/2009) [2011] ZAWCHC 4; [2011] 3 All SA 99 (WCC); 2012 (6) SA 122 (WCC) (2 February 2011)
The court found that the warrant of execution and notice of attachment were not served at the chosen domicilium address as required by the mortgage bond and the Magistrates' Court Rules. Instead, service was effected at a different property, which did not qualify as the domicilium. The court held that strict compliance with service requirements is necessary, especially when the domicilium is a vacant piece of land. The failure to serve at the correct address constituted defective service, rendering all subsequent steps, including the sale in execution, invalid and of no force and effect. The…
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Naidoo and Another v Chetty and Others (6546/06) [2010] ZAKZPHC 104 (3 December 2010)
The court found that the notice of attachment was competent as the property was still held under one deed of transfer and the description matched the deeds registry. The subdivision had not yet resulted in separate registration, so the property remained attachable. However, section 22 of the Alienation of Land Act was interpreted to protect the appellants, as they had acted in good faith and met the statutory requirements for transfer, including providing security for the purchase price and costs. The court distinguished Dream Supreme Properties 11 CC, noting that the appellants' personal rig…
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Firstrand Bank Limited t/a FNB Home Loans and Others, Ex Parte (25100/05) [2006] ZAGPHC 98; 2007 (3) SA 194 (W) (9 November 2006)
The court held that the second sentence of Rule 46(3) is imperative: service is effected upon posting a prepaid registered letter containing the notice to the address chosen or furnished by the addressee, or the actual postal address. Receipt of the notice is not required for service to be valid. This interpretation avoids uncertainty and practical difficulties for sheriffs and judgment creditors, as the date of posting is determinative for subsequent procedural steps, such as fixing a sale date. The court rejected the reasoning in Sowden v ABSA Bank, which required actual service, and endors…
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