South Africa Case Law

Standard Bank of SA Ltd v Eagle Creek Investments 522 (Pty) Ltd and Others (4837/2013)

Standard Bank of SA Ltd v Eagle Creek Investments 522 (Pty) Ltd and Others (4837/2013) [2015] ZAGPJHC 210 (19 May 2015)

Court

South Gauteng High Court, Johannesburg

Case number

4837/2013

Judge

Opperman

The court held that the applicant was entitled to have the respondent's immovable property declared executable under Rule 46(1)(a)(ii) of the Uniform Rules of Court. The agreement made an order of court constitutes a judgment for purposes of execution. The applicant demonstrated, through the sheriff's nulla bona return and lack of evidence to the contrary, that the respondent has no movable assets to satisfy the judgment. The breach of the agreement was substantiated by the certificate of indebtedness and the absence of any challenge to the sale of the properties previously disposed of. The r…

Source excerpt

• Rule 46 Execution
• Certificate Of Indebtedness
• Judgment By Consent
• Declaration Of Executability

African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008)

African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008) [2010] ZAGPPHC 60; 2010 (6) SA 298 (GNP) (9 July 2010)

Court

North Gauteng High Court, Pretoria

Case number

34793/2008

Judges

B R Du Plessis, M Makgoka

The High Court held that section 58 consent judgments remain available under the National Credit Act, but must comply with NCA notice and disclosure requirements.

• Magistrates Courts Act Section 58
• National Credit Act Interpretation
• Judgment By Consent
• Declaratory Relief
• Reckless Credit
• Over Indebtedness