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South Africa decisions
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Firstrand Mortgage Company (Rf) (Pty) Ltd v Tani (1342/2023) [2025] ZAFSHC 180 (18 June 2025)
The High Court declared a primary residence specially executable, accepted an updated sworn valuation, set a reserve price, and dismissed procedural objections.
Nedbank Limited v Umvoti Traders 1006 CC and Another (1600/2022) [2025] ZAECMKHC 30 (18 March 2025)
The applicant satisfied the requirements of rule 46A for execution against the primary residence. The sheriff's nulla bona return confirmed no movable assets were available. The second respondent failed to provide sufficient evidence of alternative means to settle the debt, despite claiming improved financial circumstances and proposing a monthly payment plan. The court found the proposal inadequate and unsupported by evidence. The applicant's compliance with rule 46A and the lack of acceptable alternatives justified execution against the property. The reserve price was set at R 1,377,610, ca…
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Shabudin v Nedbank Limited and Others (18516/2021) [2025] ZAWCHC 49 (18 February 2025)
The court found that Nedbank's version of events was supported by independent documentation and correspondence, and that the applicant had not played open cards with the court. The applicant repeatedly failed to comply with arrangements and proposals, and her request for a stay amounted to a plea for mercy rather than a demonstration of real and substantial injustice. The court held that Nedbank had acted reasonably and provided ample opportunities for the applicant to remedy her default. The requirements for a suspension of execution were not met, as the applicant's grounds were insufficient…
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Sithole v Body Corporate of Bondi (A3114/2022) [2025] ZAGPJHC 35 (24 January 2025)
The court found that the Magistrate correctly applied section 66(1) of the Magistrates' Court Act and Rule 43A, having established that the appellant's primary residence was subject to execution only after all alternative means to satisfy the judgment debt were exhausted. The appellant failed to provide evidence of available movable assets or credible means to settle the debt. The procedural safeguards, including a reserve price and a suspension period, were deemed sufficient to protect the appellant's constitutional rights under section 26. The surplus from the sale would allow the appellant…
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First Rand Bank Limited v Bila and Another (24283/2017) [2024] ZAGPPHC 1393 (19 December 2024)
The High Court postponed a bank’s application to declare a primary residence specially executable, requiring a revised NCA notice and fresh service before re-enrolment.
S B Guarantee Company (RF) (Pty) Ltd v Manyoni & Gija Investments CC and Another (790/2024) [2024] ZAFSHC 289 (12 September 2024)
The High Court enforced a breached settlement order, granted judgment for the outstanding bond debt, and declared the mortgaged residential property specially executable.
ABSA Bank Limited v Thondlana (29241/2017) [2024] ZAGPPHC 763 (24 July 2024)
The High Court declared the respondent’s home specially executable under rule 46A, set a reserve price, and found no credible alternative means to satisfy the debt.
Firstrand Bank Limited v Van Niekerk and Others (51/2020) [2024] ZAECQBHC 46 (9 July 2024)
The High Court dismissed an application to declare the respondents’ home executable under Rule 46A, finding that execution would unfairly infringe their housing rights.
Body Corporate of Old Trafford v Muronzi (016676/2023) [2024] ZAGPPHC 623 (21 June 2024)
The High Court refused final sequestration, finding no practical advantage over execution and special circumstances arising from the risk of homelessness.
N.B v A.B and Another (3305/2023) [2024] ZAECMKHC 58 (31 May 2024)
The High Court declared the respondent’s immovable property specially executable under Rule 46A, set a reserve price of R650,000, and awarded costs.
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