Tlale NO and Another v Momentum Group Ltd and Others (3471/2007)
Tlale NO and Another v Momentum Group Ltd and Others (3471/2007) [2012] ZAFSHC 179 (20 September 2012)
The court found that the attached movables did not constitute necessary furniture and household utensils required for the applicants' survival, and their value exceeded the statutory exemption of R2,000 as determined by the Minister. The attachment was therefore not in contravention of section 39 of the Supreme Court Act 59 of 1959. The applicants' reliance on the concept of ubuntu and constitutional dignity, while acknowledged, did not outweigh the legitimate interests of creditors to recover debts through lawful execution. The applicants were ill-advised to persist in litigation, resulting…
Source excerpt
- Attachment In Execution
- Necessary Furniture Exemption
- Mortgage Bond Enforcement
- Ubuntu Principle
- Costs Award