South Africa Case Law

Van Wyk and Another v ABSA Bank Limited and Others (3974/2022)

Van Wyk and Another v ABSA Bank Limited and Others (3974/2022) [2022] ZAFSHC 103 (31 May 2022)

Court

Free State High Court, Bloemfontein

Case number

3974/2022

Judge

JP Daffue

The court found that the applicants failed to establish any material defect in the notice of sale sufficient to invalidate the sale in execution. No notice of sale was placed before the court, and the description in the conditions of sale was more than adequate under Rule 46(7)(b). The applicants' argument for a detailed, estate-agent style description was rejected as excessive and not required by law. The applicants did not provide proof of payment before the auction, and no binding agreement to cancel the sale was established. The respondents' version was accepted in accordance with the Pla…

Source excerpt

• Sale In Execution
• Mortgage Bond Enforcement
• Interim Interdict
• Rule 46a Compliance
• Notice Of Sale Requirements

Naidu and Another v Standard Bank of South Africa Limited (3201/2016)

Naidu and Another v Standard Bank of South Africa Limited (3201/2016) [2017] ZAKZDHC 48 (22 December 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

3201/2016

Judge

Madondo DJP

High Court dismissed an application to set aside a sale in execution, holding that the Rule 46 notice was sufficiently compliant and no invalidating prejudice was shown.

• Sale In Execution
• Mortgage Bond Enforcement
• Rule 46 Uniform Rules
• Notice Of Sale Requirements
• Valuation Dispute
• Service Of Process

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