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South Africa decisions
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Nedbank Limited v Lekala N.O and Another (27243/2022) [2025] ZAGPPHC 668 (2 July 2025)
Summary judgment was postponed because Nedbank did not provide sufficient updated evidence, including a sworn property valuation needed to set a reserve price.
Body Corporate of Nonsa Court v Mothoagae and Another (058372/2022) [2025] ZAGPPHC 234 (3 March 2025)
The High Court authorised execution against a sectional-title unit for unpaid levies, set a reserve price of R600,000, and suspended execution for two months.
SS Aloe Ridge v Nawa and Others (2023/131277) [2025] ZAGPJHC 140 (17 February 2025)
The High Court dismissed leave to appeal against refusal of Rule 46A execution, finding no reasonable prospects of success and that less drastic remedies existed.
Sithole v Body Corporate of Bondi (A3114/2022) [2025] ZAGPJHC 35 (24 January 2025)
The court found that the Magistrate correctly applied section 66(1) of the Magistrates' Court Act and Rule 43A, having established that the appellant's primary residence was subject to execution only after all alternative means to satisfy the judgment debt were exhausted. The appellant failed to provide evidence of available movable assets or credible means to settle the debt. The procedural safeguards, including a reserve price and a suspension period, were deemed sufficient to protect the appellant's constitutional rights under section 26. The surplus from the sale would allow the appellant…
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Tebeila N.O and Others v ABSA Bank Ltd (2019/14019) [2024] ZAGPJHC 349 (9 April 2024)
The High Court dismissed leave to appeal against an execution order, finding no reasonable prospects on rule 46A, reckless credit, section 129, or constitutional grounds.
Changing Tides 17 (Proprietary) Limited N.O v Tyler and Another (2757/2020) [2024] ZAECQBHC 6 (30 January 2024)
The High Court dismissed a default judgment application because the Rule 46A procedure for execution against immovable property was not properly served.
Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1237 (16 October 2023)
The High Court granted default judgment for a debt claim and authorised execution against the respondent’s immovable property after no defence was disclosed.
Standard Bank of South Africa v Infogold Investments CC and Others (25921/2017) [2023] ZAGPPHC 1202 (20 September 2023)
The court found that the loan agreement is valid and binds the close corporation, as three of four members, holding a majority interest, signed and subsequently acted on the agreement. The absence of the fourth defendant's signature does not invalidate the agreement, nor does the lack of a signatory in the corporation's name, as the conduct of the parties confirmed acceptance and performance. The suretyship agreement is valid and binds the second to fifth defendants as co-principal debtors, jointly and severally liable. The plaintiff proved compliance with section 129 of the National Credit A…
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Transactional Capital Business Solutions (Pty) Ltd v MT Nkabz Holdings and Investments (Pty) Ltd and Others (2020/19360) [2023] ZAGPJHC 47 (16 January 2023)
The High Court dismissed claims for payment and execution over a primary residence, finding the balance certificate outdated and Rule 46A compliance lacking.
Rodel Financial Services (PTY) Ltd v Lusolink International Export (PTY) Ltd and Another (39747/2018) [2022] ZAGPJHC 938 (25 November 2022)
The court declared a Bedfordview property specially executable, held Rule 46A did not apply, and awarded attorney-and-client costs.
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