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Civil Procedure [2024] ZAGPJHC 1085

Nedbank Limited v Coetzee and Others (2022/025839)

Nedbank Limited v Coetzee and Others (2022/025839) [2024] ZAGPJHC 1085 (18 October 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2022/025839
Judge
G S Myburgh

Applying the Plascon Evans rule, the court found that the applicant did not discharge the onus of proving that its representative made a timeous bid prior to the fall of the hammer. The evidence of the sheriff and third respondent was not inherently implausible and, on the crucial issue, there was insufficient difference between the parties' versions to justify a finding in favour of the applicant. The application was therefore dismissed.

Source excerpt

  • Sale In Execution
  • Onus Of Proof
  • Plascon Evans Rule
  • Auction Procedure
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Civil Procedure [2021] ZAFSHC 157

Southey v Vorster and Others (1432/2021)

Southey v Vorster and Others (1432/2021) [2021] ZAFSHC 157 (27 May 2021)

Court
Free State High Court, Bloemfontein
Case number
1432/2021
Judge
C Nekosie

The High Court dismissed an urgent rei vindicatio application over cattle sold at auction, set aside the interim order, and awarded punitive costs for a postponement attempt.

  • Rei Vindicatio
  • Sale In Execution
  • Auction Procedure
  • Non Joinder
  • Defective Affidavit Attestation
  • Rei-vindicatio
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Civil Procedure [2017] ZAGPPHC 722

Sheriff of the High Court, for the District Lydenburg v Prosper Trading (Pty) Ltd and Another In re: Firstrand Bank Ltd v Mashiane (1350/2016)

Sheriff of the High Court, for the District Lydenburg v Prosper Trading (Pty) Ltd and Another In re: Firstrand Bank Ltd v Mashiane (1350/2016) [2017] ZAGPPHC 722 (15 November 2017)

Court
North Gauteng High Court, Pretoria
Case number
1350/2016
Judge
M F Legodi

The court postponed a Rule 46(11) application to cancel a sale in execution, finding insufficient information on compliance with Rule 46 and Form 21.

  • Sale In Execution
  • Rule 46 Uniform Rules
  • Conditions Of Sale
  • Sheriff Powers
  • Auction Procedure
  • Sale-in-execution
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Civil Procedure [2017] ZAGPPHC 712

Sheriff of the High Court, for the District Lydenburg v MT Prosper Trading (Pty) Ltd and Another; In re: Firstrand Bank Ltd v Mashiane (1350/2016)

Sheriff of the High Court, for the District Lydenburg v MT Prosper Trading (Pty) Ltd and Another; In re: Firstrand Bank Ltd v Mashiane (1350/2016) [2017] ZAGPPHC 712 (15 November 2017)

Court
North Gauteng High Court, Pretoria
Case number
1350/2016
Judge
M F Legodi

The High Court postponed a Rule 46(11) application to cancel a sale in execution, finding the sheriff’s report lacked sufficient detail on compliance and costs.

  • Sale In Execution
  • Rule 46
  • Conditions Of Sale
  • Sheriff Powers
  • Auction Procedure
  • Sale-in-execution
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Civil Procedure [2017] ZAGPPHC 958

Breedt v Breedt and Others (61930/2012)

Breedt v Breedt and Others (61930/2012) [2017] ZAGPPHC 958 (21 April 2017)

Court
North Gauteng High Court, Pretoria
Case number
61930/2012
Judge
E.M. Kubushi

Leave to appeal was refused in a dispute over the interpretation of a court order governing sale of jointly owned property in execution.

  • Interpretation Of Court Orders
  • Sale In Execution
  • Leave To Appeal
  • Divorce Settlement
  • Auction Procedure
  • Leave-to-appeal
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Civil Procedure [2016] ZAGPPHC 29

Breedt v Breedt and Others (61930/2012)

Breedt v Breedt and Others (61930/2012) [2016] ZAGPPHC 29 (25 January 2016)

Court
North Gauteng High Court, Pretoria
Case number
61930/2012
Judge
E.M. Kubushi

The High Court dismissed an application to set aside a sale in execution of a former matrimonial home, holding the auction process was substantially in line with the court order.

  • Sale In Execution
  • Interpretation Of Court Orders
  • Auction Procedure
  • Transfer Of Property
  • Sale-in-execution
  • Auction-procedure
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Civil Procedure [2001] ZANWHC 16

Standard Bank of South Africa Limited v Mathobela (212/2000)

Standard Bank of South Africa Limited v Mathobela (212/2000) [2001] ZANWHC 16 (29 March 2001)

Court
North West High Court, Mafikeng
Case number
212/2000
Judge
M.T.R. Mogoeng

The court refused to cancel an auction because the supporting documents contained erf-number discrepancies and serious affidavit authentication defects.

  • Sheriff Report Irregularity
  • Affidavit Authentication
  • Mortgage Bond Registration
  • Auction Procedure
  • Auction-procedure
  • Affidavit-authentication
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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.