South Africa Case Law

Munsami v Standard Bank of SA and Others (122/2023)

Munsami v Standard Bank of SA and Others (122/2023) [2024] ZASCA 167 (5 December 2024)

Court

Supreme Court of Appeal

Case number

122/2023

Judges

Dambuza, Mocumie, Mbatha, Smith, Makume

The Supreme Court of Appeal held that the applicant was not entitled to challenge the summary judgment order in another court of equal standing without appealing against it or seeking rescission. The procedures followed by the bank, including the particulars of claim, constituted substantial compliance with Uniform Rule 46A, and the absence of a reserve price did not render the order void. The applicant failed to establish any collusion or bad faith on the part of the purchaser, who acquired the property at a bona fide public auction and did not have knowledge of any defect in the sale. The a…

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• Sale In Execution
• Summary Judgment
• Uniform Rule 46a
• Reserve Price
• Bad Faith Transfer

Ditsele and Another v ABSA Bank Limited (25789/2020)

Ditsele and Another v ABSA Bank Limited (25789/2020) [2024] ZAGPPHC 1177 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

25789/2020

Judge

SA Thobane

The High Court dismissed an application to rescind a prior order on sale-in-execution reserve price, finding no basis under Rule 42 or Rule 31.

• Rescission Of Judgment
• Default Judgment
• Sale In Execution
• Reserve Price
• Rule 42
• Rule 31

Firstrand Bank Limited v Kahn (2019/20373)

Firstrand Bank Limited v Kahn (2019/20373) [2024] ZAGPJHC 918 (17 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/20373

Judge

Raubenheimer AJ

The court found that the reserve price had not been met after three sales in execution, and the conditions of sale allowed for confirmation to the highest bidder. The respondents failed to provide sworn valuations or meaningful evidence to challenge the sale price, and their attempts to sell privately were unsuccessful. The judgment debt and municipal arrears continued to increase, placing the interests of the judgment creditor at risk. The court held that the process was just and equitable, the statutory requirements under Rule 46A were satisfied, and the sale should be confirmed to the four…

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• Sale In Execution
• Rule 46a
• Reserve Price
• Confirmation Of Sale
• Judgment Debt
• Forced Sale Value

Standard Bank of South Africa Ltd v Choene and Another (4460/2022)

Standard Bank of South Africa Ltd v Choene and Another (4460/2022) [2024] ZAFSHC 249 (22 August 2024)

Court

Free State High Court, Bloemfontein

Case number

4460/2022

Judge

Ramdeyal AJ

The court found that the applicant failed to comply with the procedural requirements of Rule 46A(9)(c), (d), and (e), as the sheriff's report was not comprehensive and did not provide the necessary details for the court to reconsider the reserve price. The court emphasized the importance of judicial oversight in protecting the constitutional right to housing and preventing the sale of homes at prices significantly below market value. Setting aside the reserve price without proper information would risk leaving the respondents homeless and liable for the mortgage shortfall, which would be cont…

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• Sale In Execution
• Reserve Price
• Rule 46a
• Right To Housing
• Judicial Oversight
• Mortgage Enforcement

Nedbank Limited and Another v Eldin and Others (40418/2017)

Nedbank Limited and Another v Eldin and Others (40418/2017) [2024] ZAGPJHC 758 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

40418/2017

Judge

N.J. Graves

High Court confirmed a sale in execution after the reserve price was not met, rejected postponement, and awarded costs against the respondent.

• Sale In Execution
• Reserve Price
• Sectional Titles Act
• Judgment Enforcement
• Levies And Rates
• Sale-in-execution

Thoke v Glen Life Properties CC (92664/2019)

Thoke v Glen Life Properties CC (92664/2019) [2024] ZAGPPHC 578 (20 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

92664/2019

Judge

SK Hassim

The High Court cancelled a sale in execution after the purchaser failed to meet sale conditions, set a R700,000 reserve price for resale, and awarded party-and-party costs.

• Sale In Execution
• Costs Order
• Reserve Price
• Municipal Arrears
• Body Corporate Levies
• Sale-in-execution

Nedbank Limited v Hartley and Others (33944/2022)

Nedbank Limited v Hartley and Others (33944/2022) [2024] ZAGPPHC 245 (19 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

33944/2022

Judge

RJ Groenewald

The High Court declared the first respondent’s 50% share in a residential property specially executable, but refused relief over another property for lack of service on the bondholder.

• Special Execution
• Uniform Rules Of Court
• Joinder Of Parties
• Res Judicata
• Reserve Price
• Service On Preferent Creditors

Mblebuka v Changing Tides 17 (Pty) Ltd (B4-2024)

Mblebuka v Changing Tides 17 (Pty) Ltd (B4-2024) [2024] ZAGPPHC 96 (8 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

B4-2024

Judge

E van der Schyff

An urgent application to suspend or vary a Rule 46A sale-in-execution order was struck from the roll for lack of urgency, with attorney-and-client costs.

• Rule 45a Application
• Rule 46a Sale In Execution
• Urgent Interdict
• Variation Of Court Order
• Reserve Price
• Punitive Costs

Assetline South Africa (Pty) Ltd v MLM and Associates Inc and Another (Appeal) (7960/2021)

Assetline South Africa (Pty) Ltd v MLM and Associates Inc and Another (Appeal) (7960/2021) [2023] ZAGPJHC 927 (18 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

7960/2021

Judge

Mia

The High Court granted Assetline leave to appeal over whether a second agreement was subject to the National Credit Act and related costs issues.

• National Credit Act
• Affordability Assessment
• Reckless Credit
• Corporate Veil Piercing
• Reserve Price
• Attorney And Client Costs

Changing Tides 17 Pty Ltd NO v Ntsanwisi (14462/2019)

Changing Tides 17 Pty Ltd NO v Ntsanwisi (14462/2019) [2023] ZAGPPHC 619 (31 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

14462/2019

Judge

DT Skosana

The High Court reconsidered a reserve price for a sale in execution, cancelled the failed sale, set a new reserve price of R1,147,500, and made no costs order.

• Rule 46a Reconsideration
• Sale In Execution
• Reserve Price
• Primary Residence Protection
• Rule-46a
• Sale-in-execution