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South Africa decisions
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ABSA Bank Limited v Thondlana (29241/2017) [2024] ZAGPPHC 763 (24 July 2024)
The High Court declared the respondent’s home specially executable under rule 46A, set a reserve price, and found no credible alternative means to satisfy the debt.
Actom Electrical Products v Matlala (42355/2020) [2024] ZAGPPHC 75 (29 January 2024)
The court found that the default judgment order against the Respondent remains binding and enforceable, as there was no appeal or review pending. The Respondent is clearly identified in the order and has acknowledged liability for the debt. However, the Applicant failed to comply with Rule 46A(5)(a) by not providing a market valuation of the property, which is a mandatory requirement for execution against a primary residence. The court emphasised the importance of judicial oversight and the need to protect the right to adequate housing under section 26 of the Constitution. Without compliance…
Source excerpt
Revolver Creek Trust CC v Above Average Investments Corporation 20 CC (3473/2021) [2022] ZAMPMBHC 79 (18 October 2022)
The court declared three immoveable properties specially executable under Rule 46 after default judgment, failed execution against moveables, and an unfulfilled settlement agreement.
Bridgeway (Pty) Ltd v Isaacs (23625/2012) [2013] ZAGPPHC 413 (4 November 2013)
The High Court declared the respondent’s immovable properties executable under Rule 46 after holding that no valid defence or jurisdictional objection was made out.
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