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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 918

Firstrand Bank Limited v Kahn (2019/20373)

Firstrand Bank Limited v Kahn (2019/20373) [2024] ZAGPJHC 918 (17 September 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2019/20373
Judge
Raubenheimer AJ

The court found that the reserve price had not been met after three sales in execution, and the conditions of sale allowed for confirmation to the highest bidder. The respondents failed to provide sworn valuations or meaningful evidence to challenge the sale price, and their attempts to sell privately were unsuccessful. The judgment debt and municipal arrears continued to increase, placing the interests of the judgment creditor at risk. The court held that the process was just and equitable, the statutory requirements under Rule 46A were satisfied, and the sale should be confirmed to the four…

Source excerpt

  • Sale In Execution
  • Rule 46a
  • Reserve Price
  • Confirmation Of Sale
  • Judgment Debt
  • Forced Sale Value
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Civil Procedure [2020] ZAGPJHC 416

Sheriff of the High Court, Pretoria East and Others v Dos Reis and Others (2017/12536)

Sheriff of the High Court, Pretoria East and Others v Dos Reis and Others (2017/12536) [2020] ZAGPJHC 416 (4 December 2020)

Court
South Gauteng High Court, Johannesburg
Case number
2017/12536
Judge
Windell

The court found that the reserve price was not achieved at the sale in execution, and that two competing offers existed: one from Mr Naude, the highest bidder at auction, and one from the intervening parties, who made a private offer exceeding the reserve price. The difference between the two offers was minimal (R15,000). The court declined to confirm the sale to Mr Naude under Rule 46A(9)(e), noting that Absa Bank, as the judgment creditor, was best placed to consider both offers and decide whether to accept either or proceed with another sale in execution. The court also found that the appl…

Source excerpt

  • Sale In Execution
  • Reserve Price
  • Rule 46a
  • Confirmation Of Sale
  • Costs Award
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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.