Absa Bank Limited v WH Construction (Pty)Ltd and Others (14730/2011)
Absa Bank Limited v WH Construction (Pty)Ltd and Others (14730/2011) [2016] ZAGPPHC 585 (13 May 2016)
The court held that, although the Bank had satisfied the procedural requirements for execution under rule 46(1)(a)(ii), several substantive concerns precluded the granting of the order. The property in question is the primary residence of Mr Marx and his family, and only a 50% share is held by the judgment debtor, with the other half owned by Mrs Marx, who was not joined as a party. The court found that Mrs Marx has a direct and substantial interest in the proceedings and must be joined. Furthermore, the financial feasibility and practical implications of selling only a half share in the prop…
Source excerpt
- Rule 46 Execution
- Primary Residence Protection
- Suretyship Liability
- Joinder Of Interested Parties
- Magistrates Court Debtors Enquiry