Absa Bank Ltd v Snyman (22/2014)
Absa Bank Ltd v Snyman (22/2014) [2015] ZASCA 67; 2015 (4) SA 329 (SCA); [2015] 3 All SA 1 (SCA) (20 May 2015)
The Supreme Court of Appeal held that section 63 of the Magistrates' Courts Act is not concerned with the date of issue or reissue of a warrant of execution, but with the date of actual execution. A judgment sounding in money becomes superannuated unless the execution sale occurs within three years of the judgment or the last payment in respect thereof. The reissue of a warrant within the three-year period does not extend the limitation period. The date of the sale in execution, not the date of the warrant, is determinative. However, if the last payment was made less than three years before t…
Source excerpt
- Magistrates Courts Act Section 63
- Superannuation Of Judgment
- Sale In Execution
- Warrant Of Execution
- Eviction
- Computation Of Limitation Periods