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Sheriff of the High Court, Halfway-Alexandra v Maepa (13604/2022) [2025] ZAGPPHC 728 (11 July 2025)
The High Court set aside a sale in execution after the purchaser failed to pay the balance and comply with the conditions of sale under Rule 46(11).
Sheriff of the High Court, Witbank v Wessels; In re: First National Bank, a Division of Firstrand Bank Ltd v Smal and Another (49144/2010) [2016] ZAGPPHC 189 (5 April 2016)
The respondent breached clause 4.4 of the conditions of sale by failing to provide the required bank guarantee within the stipulated period and the extension granted. Her reasons for non-compliance, including being denied access to the property and the pending application by the defendants, are unsubstantiated and irrelevant to her contractual obligations. The sheriff was entitled to invoke Rule 46(11) for cancellation, and the respondent accepted cancellation. The procedure under Rule 46(11) is designed to ensure swift execution and protect creditor interests. The respondent, having taken th…
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