Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Firstrand Bank Limited v Zwane and Another (68313/2014) [2025] ZAGPPHC 358 (23 April 2025)
The High Court reduced the reserve price for sale in execution from R300,000 to R150,000 after two unsuccessful auctions and no bidder interest.
SB Guarantee Company (RF) (Pty) Ltd v Hlongwane (17048/2021) [2024] ZAGPPHC 1275; 2025 (3) SA 640 (GP) (4 December 2024)
The Full Court held that reconsideration applications under Uniform Rule 46A(9) must be heard in open court, not chambers, unless special circumstances exist. The process is initiated by the Sheriff filing a report within five days of a failed auction, which must be served on both the execution creditor and judgment debtor. The execution creditor must then file a supplementary affidavit with detailed information, and personal service on the judgment debtor is required. The court retains wide powers to revisit the entire order, including the declaration of executability, and may sanction priva…
Source excerpt
Nedbank Limited v Muniah N.O and Others (D5020/2019) [2024] ZAKZDHC 76 (25 October 2024)
Application to reconsider a reserve price in a sale-in-execution was dismissed for procedural non-compliance and lack of updated valuation material.
Investec Bank Limited v Roberts N.O and Others (35713/19) [2024] ZAGPPHC 925 (27 September 2024)
The High Court reduced a reserve price for a trust property in execution, condoned late affidavit delivery, and ordered punitive costs against the respondents.
Absa Bank Limited v Lekhethoa (33086/2019) [2023] ZAGPJHC 967 (28 August 2023)
The High Court refused to authorise a sale in execution without reserve and instead reduced the reserve price to R192,000 after two failed auctions.
SB Guarantee Company (RF) Propriety Limited v Chetty [2023] ZAGPPHC 273; 43955/2020 (20 March 2023)
The High Court dismissed an application for leave to appeal against an order allowing sale of immovable property in execution without a reserve price.
Standard Bank of South Africa Ltd v Tchibamba and Another (5642/2018) [2022] ZAWCHC 169; 2022 (6) SA 571 (WCC) (2 September 2022)
The court held that Rule 46A(9) does not require a fresh application for reconsideration of the reserve price; rather, the process is an extension of the original Rule 46A application. The reconsideration is inquisitorial, not adversarial, and the court must be able to call for updated information from the Sheriff and interested parties. The registrar should place the Sheriff’s report before a judge, who must afford the parties a reasonable opportunity to supplement the record and make submissions. The court found that the judgment debtors had entered into a private sale agreement for the pro…
Source excerpt
Changing Tides 17 (Proprietary) Limited N.O. v Kubheka and Another; Changing Tides 17 (Proprietary) Limited N.O. v Mowasa and Another; Changing Tides 17 (Proprietary) Limited N.O. v Bucktwar; Changing Tides 17 (Proprietary) Limited N.O. v Horsley (13719/2016; 14932/2016; 14488/2017; 11647/2019) [2022] ZAGPJHC 59; 2022 (5) SA 168 (GJ) (15 February 2022)
The court held that applications for reconsideration of a reserve price under rule 46A(9)(c) must be brought by way of formal application in open court, supported by affidavit and accompanied by the sheriff's report. The process cannot be conducted in chambers or ex parte, and personal service on the judgment debtor is required due to the constitutional imperatives involved. The absence of a sheriff's report is fatal to such applications, as it is the best evidence of what transpired at the auction and is necessary to trigger the court's jurisdiction under the rule. The court further emphasiz…
Source excerpt
Explore more
