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Civil Procedure [2024] ZAKZPHC 117

Body Corporate of Monterey v Zakwe (AR483/2023)

Body Corporate of Monterey v Zakwe (AR483/2023) [2024] ZAKZPHC 117 (29 November 2024)

The court held that Rule 43A of the Magistrates' Court Rules requires personal service on the judgment debtor in every application to declare residential immovable property executable, regardless of whether the property is the primary residence. The status of the property as a primary residence is a factual issue that must be ventilated before the court, and the judgment debtor is entitled to be heard on this issue. The absence of the debtor from the property does not dispense with the requirement of personal service unless substituted service is authorized by the court. The decision in Bushm…

  • Execution Against Residential Property
  • Personal Service Requirements
  • Magistrates Court Rule 43a
  • Uniform Rule 46a
  • Judicial Oversight
  • Primary Residence Determination
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