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South Africa decisions
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Sheriff of the High Court for the District of Witbank v Morris (2718/2020) [2025] ZAMPMHC 7 (29 January 2025)
The High Court cancelled a sale in execution after the purchaser failed to pay the balance and comply with sale conditions, and ordered the property resold.
New Adventure Shelf 122 (Pty) Ltd v Commissioner of the South African Revenue Services (310/2016) [2017] ZASCA 29; [2017] 2 All SA 784 (SCA); 2017 (5) SA 94 (SCA); 79 SATC 233 (28 March 2017)
The SCA held that a later cancellation of a sale did not justify reopening a final 2007 capital gains tax assessment; any loss arose in the cancellation year.
Bernabei v Bernabei; In re: Sheriff Johannesburg East v Kumalo (23325/2010) [2016] ZAGPPHC 755 (24 August 2016)
The High Court cancelled a sale in execution after the purchaser defaulted, ordered the deposit held in trust, and required quantification of costs and losses.
Sheriff of the High Court Benoni v Lombard obo Yellow Dot Property and Another (15685/09) [2015] ZAGPPHC 722 (15 October 2015)
The court set aside a sale in execution after the purchasers failed to pay the balance of the price. It held they had no right to renovate the property before transfer.
Sheriff of the High Court, Johannesburg East v Chetty and Others; InRe: Firstrand Bank Limited T/A FNB Home Loans (Formerly First National Bank of Southern Africa Limited v Chetty and Another (2009/3673) [2014] ZAGPJHC 352 (27 March 2014)
High Court application under Rule 46(11) to cancel a sale in execution was dismissed for non-compliance with procedural requirements and invalid municipal debt estimates.
Sheriff of the High Court for the District of Molopo v Firstrand Bank Ltd and Others, In re: Firstrand Bank Ltd v Tshepe and Another, Firstrand Bank Ltd v Segalo NO and Others (1416/11, 1416/12) [2013] ZANWHC 1 (11 January 2013)
The court found that the interpleader proceedings were the proper remedy for the Sheriff to resolve the dispute over the property, as FRB asserted the sale to the Naraghis was void while the Naraghis sought transfer. The procedural defects raised by FRB were cured and did not prejudice any party. The Sheriff's conduct in re-auctioning the property was in accordance with the conditions of sale, which allow for re-auction in the event of dispute or mistake. FRB failed to demonstrate any prejudice suffered as a result of the Sheriff's actions, and neither Mr & Mrs Tshepe nor Mr Ackerman, who wer…
Source excerpt
In re: Sheriff of the High Court Halfway House v Hope, Nedbank Limited v Trustees for the time being of Triple 7 Trading (23845/2007) [2011] ZAGPPHC 9 (26 January 2011)
The High Court cancelled a sale in execution after finding that proper service had been effected and the applicant had established grounds for relief.
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