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South Africa decisions
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R.G.S v M.S (21620/2019) [2025] ZAGPJHC 40 (24 January 2025)
The High Court set aside a warrant of execution for Rule 43 maintenance arrears, finding the amounts claimed were uncertain and included items outside the order.
T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024)
The court set aside a writ of execution against a retirement annuity, finding the maintenance debt was not properly quantified and remained in dispute.
A R v C R (1791/2009) [2020] ZAGPJHC 20 (30 January 2020)
The court found that the writ of execution was materially defective because it was not accompanied by an affidavit quantifying the amount, did not specify the relevant provisions of the settlement agreement, and lacked supporting documentation for the claimed expenses. The quantification of the judgment debt remained in dispute between the parties, and the respondent's attempt to explain and quantify the debt in her answering affidavit was belated and insufficient. As a result, the writ was not issued in conformity with the settlement agreement and could not be sustained solely on the respond…
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Minister of Defence v Simelane and Another (40585/2005, 18153/2006) [2018] ZAGPPHC 847 (14 December 2018)
The court found that the writ of execution issued in December 2013 was invalid as it was issued nearly six years after the final judgment, in breach of Rule 66, without consent or revival. No substantiating evidence was provided to the Registrar regarding the quantum owed, rendering the writ defective. The underlying court orders were interpreted as providing for interim reinstatement and salary only from 1 December 2005 to 7 May 2007, not for the broader period claimed by the respondent. The applicant had fully settled the debt as calculated on the correct interpretation of the orders. No in…
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Engen Basson's Service Station v Vanqa (J 1508/2013) [2013] ZALCJHB 343; (2014) 35 ILJ 1568 (LC) (11 December 2013)
The court found that the writ of execution was issued irregularly because there was no court order specifying the amount to be paid nor any affidavit setting out how the amount was calculated. The judgment was not definite and certain, and the amount payable could only be ascertained after resolving further legal questions. The Registrar should not have issued the writ in the absence of a quantified court order or supporting affidavit. The parties must approach the Labour Court to determine the quantum due under the settlement agreement.
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