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South Africa Case Law

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Civil Procedure [2025] ZAKZDHC 49

Changing Tides 17 (Pty) Ltd N.O v Srivastava and Others (D1067/2025)

Changing Tides 17 (Pty) Ltd N.O v Srivastava and Others (D1067/2025) [2025] ZAKZDHC 49 (6 August 2025)

The High Court set aside a reserve price for a property sale in execution and ordered a third sale without reserve after two failed auctions.

  • Uniform Rule 46a
  • Sale In Execution
  • Reserve Price Variation
  • Judicial Discretion
  • Special Executability
  • Uniform-rule-46a
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Civil Procedure [2025] ZAGPJHC 764

Sheriff of High Court, Halfway House v Maepa (21581/2022)

Sheriff of High Court, Halfway House v Maepa (21581/2022) [2025] ZAGPJHC 764 (4 August 2025)

The High Court set aside a prior sale in execution and authorised the Sheriff to resell the immovable property, finding nojoinder and demand objections unpersuasive.

  • Sale In Execution
  • Joinder Of Parties
  • Mora Ex Re
  • Rule 46
  • Costs Order
  • Sale-in-execution
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Land And Property [2025] ZAGPPHC 775

Moletji v Standard Bank of South Africa and Others (29793/2016)

Moletji v Standard Bank of South Africa and Others (29793/2016) [2025] ZAGPPHC 775 (30 July 2025)

The High Court dismissed an application to stop a sale in execution, holding the applicant lacked standing and had proven no valid sale agreement.

  • Sale In Execution
  • Locus Standi
  • Contract Of Sale
  • Mortgage Bond
  • Default Judgment
  • Sale-in-execution
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Civil Procedure [2025] ZAGPPHC 724

Hlabisa and Another v Firstrand Bank Limited and Another (B1133/2023)

Hlabisa and Another v Firstrand Bank Limited and Another (B1133/2023) [2025] ZAGPPHC 724 (17 July 2025)

The court found that the applicants failed to establish a clear right to a final interdict restraining the sale in execution of their property. Although the applicants paid substantial amounts towards the arrears, they did not pay all amounts due, including monthly instalments following the default judgment, as required to reinstate the credit agreement under section 129(3) of the National Credit Act. The disputed facts regarding the precise arrears and the need for an audit of the account meant that, applying the Plascon-Evans rule, the matter had to be decided in favor of the respondent. Th…

  • National Credit Act
  • Sale In Execution
  • Final Interdict
  • Arrears Reinstatement
  • Default Judgment
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Civil Procedure [2025] ZAWCHC 293

Letsu v Firstrand Bank Limited and Others (18367/2020)

Letsu v Firstrand Bank Limited and Others (18367/2020) [2025] ZAWCHC 293 (14 July 2025)

Costs judgment in a Rule 46A matter over sale-in-execution and bond cancellation figures. The court ordered each party to bear its own costs in the application.

  • Sale In Execution
  • Mortgage Bond Cancellation
  • Costs Award
  • Rule 46a Application
  • Rule-46a
  • Sale-in-execution
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Civil Procedure [2025] ZAGPPHC 728

Sheriff of the High Court, Halfway-Alexandra v Maepa (13604/2022)

Sheriff of the High Court, Halfway-Alexandra v Maepa (13604/2022) [2025] ZAGPPHC 728 (11 July 2025)

The High Court set aside a sale in execution after the purchaser failed to pay the balance and comply with the conditions of sale under Rule 46(11).

  • Sale In Execution
  • Breach Of Conditions Of Sale
  • Rule 46 Application
  • Cancellation Of Contract
  • Judgment Creditor Rights
  • Sale-in-execution
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Civil Procedure [2025] ZAGPPHC 679

Hlatshwayo v First Rand Bank Limited and Others (27859/2015)

Hlatshwayo v First Rand Bank Limited and Others (27859/2015) [2025] ZAGPPHC 679 (8 July 2025)

The High Court granted leave to appeal against an order striking an urgent application from the roll in a property transfer dispute after a sale in execution.

  • Leave To Appeal
  • Urgency In Motion Proceedings
  • Sale In Execution
  • Interim Interdict
  • Mortgage Enforcement
  • Leave-to-appeal
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Land And Property [2025] ZAGPJHC 585

Dawood and Others v Molebele and Others (2013/35000)

Dawood and Others v Molebele and Others (2013/35000) [2025] ZAGPJHC 585 (9 June 2025)

High Court eviction matter following cancelled sales in execution. The court cured short service by postponement, found eviction just and equitable, and granted costs on scale C.

  • Prevention Of Illegal Eviction Act
  • Eviction Procedure
  • Sale In Execution
  • Notice Requirements
  • Just And Equitable Eviction
  • Eviction
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Land And Property [2025] ZAGPJHC 494

Mogudi v Standard Bank of South Africa Limited and Others (31834/1993)

Mogudi v Standard Bank of South Africa Limited and Others (31834/1993) [2025] ZAGPJHC 494 (22 May 2025)

The High Court rescinded a 1994 default judgment and execution sale over a Soweto property, finding the bank failed to join a co-owning spouse and the bond transaction was invalid.

  • Matrimonial Property Act
  • Rescission Of Judgment
  • Joinder Of Parties
  • Sale In Execution
  • Intestate Succession
  • Mortgage Bond Invalidity
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Land And Property [2025] ZAGPPHC 473

Mathebula v Moagi and Others (2024-084665)

Mathebula v Moagi and Others (2024-084665) [2025] ZAGPPHC 473 (15 May 2025)

The High Court granted an eviction order after finding the applicant owned the property, the respondents occupied it unlawfully, and PIE requirements were met.

  • Eviction
  • Unlawful Occupation
  • Sale In Execution
  • Pie Act Compliance
  • Unlawful-occupation
  • Sale-in-execution
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.