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South Africa decisions
Decisions matching the current search
Khumalo v Standard Bank of South Africa Limited (NCT/81971/2017/128(1)) [2017] ZANCT 100 (1 September 2017)
The Tribunal held that section 128 of the National Credit Act applies only to movable property, so it had no jurisdiction to review the sale of the applicant’s house.
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.
Kashe v Absa Bank and Others (EL260/2014, ECD560/2014) [2014] ZAECELLC 7 (16 September 2014)
The High Court set aside a sale in execution of deceased-estate property for non-compliance with section 30 of the Administration of Estates Act.
Sikosana v First Rand Bank Limited A Division of First National Bank (NCT/2800/2011/128(1)(NCA)) [2014] ZANCT 9 (15 March 2014)
The Tribunal held that sections 127 and 128 of the National Credit Act apply exclusively to movable property under instalment agreements, secured loans, or leases. Section 131 does not extend these provisions to immovable property attached and sold in execution to satisfy a judgment debt. The process for such sales is governed by High Court Rule 46, not the National Credit Act. Previous Tribunal and Supreme Court of Appeal decisions confirm that mortgage agreements and the sale of immovable property fall outside the scope of sections 127-131. The Tribunal further noted it cannot adjudicate ap…
Source excerpt
Legoabe v ABSA Bank (NCT/3032/2011/128(1)(P)) [2012] ZANCT 5 (30 March 2012)
The Tribunal held that the National Credit Act review provisions did not apply to the execution sale of immovable property under a mortgage bond.
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