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Civil Procedure [2021] ZAGPJHC 471

Kgoadi v First Rand Bank Limited and Others (2020/15557)

Kgoadi v First Rand Bank Limited and Others (2020/15557) [2021] ZAGPJHC 471 (27 September 2021)

The court found that the applicant's arguments lacked merit. The writ of execution remained valid until the judgment was satisfied, regardless of the cancellation of previous sales in execution. The applicant's payment of arrears did not extinguish the bank's right to execute, as the full judgment amount, including legal costs, remained unpaid. Rule 46A did not apply retrospectively to proceedings commenced before its operation, and there was no legal requirement for repeated judicial oversight or for the bank to obtain a new writ for each default. The alleged misdescription of the property i…

  • Sale In Execution
  • Mortgage Bond Default
  • Judicial Oversight
  • Rule 46a Application
  • Writ Of Execution
  • Abuse Of Process
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