South Africa Case Law

Elgin Brown & Hamper Proprietary Limited v Sheriff and/or Duly Appointed Deputy, of the High Court: Durban Coastal and Others (A24/2022)

Elgin Brown & Hamper Proprietary Limited v Sheriff and/or Duly Appointed Deputy, of the High Court: Durban Coastal and Others (A24/2022) [2022] ZAKZDHC 46 (27 October 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

A24/2022

Judge

Olsen

The court found that the sale in execution of the floating crane Imvubu was invalid due to two essential defects: the auction advertisement was published only seven days before the sale, contrary to the ten-day requirement of Rule 41(19)(c) of the Magistrates' Courts Rules, and the venue of the auction was changed from the advertised location, undermining the integrity of the sale process and potentially reducing competition. These defects constituted non-compliance with essential formalities, rendering the sale void. Section 70 of the Magistrates' Courts Act did not protect the third respond…

Source excerpt

• Sale In Execution
• Spoliatory Relief
• Magistrates Courts Act Section 70
• Advertisement Of Auction
• Ship Registration Act
• Constitutional Principle Of Legality

Ramgobin and Others v ABSA Bank Limited and Others (13807/2007)

Ramgobin and Others v ABSA Bank Limited and Others (13807/2007) [2008] ZAKZHC 53 (21 July 2008)

Court

High Courts - Kwazulu Natal

Case number

13807/2007

Judge

Ntshangase

The High Court dismissed an application to set aside a sale in execution, finding the notice of sale was sufficiently descriptive and the purchasers acted without bad faith.

• Sale In Execution
• Notice Of Sale Requirements
• Good Faith Purchaser
• Defective Notice
• Rule 46 Uniform Rules
• Magistrates Courts Act Section 70