Van Den Bos N.O. v Mogoane and Others (2021/5838)
Van Den Bos N.O. v Mogoane and Others (2021/5838) [2022] ZAGPJHC 576 (18 August 2022)
The applicant, as properly appointed administrator under section 16 of the Sectional Titles Schemes Managing Act, has locus standi to bring the application. The respondents' challenge to locus standi fails in light of previous judgments confirming the applicant's authority. The High Court has discretion to grant process-in-aid for enforcement of a Magistrate's Court judgment where effective remedies in the lower court are unavailable. The applicant's uncontested affidavit demonstrates repeated failures to obtain special execution orders in the Magistrates' Courts, justifying recourse to the H…
Source excerpt
- Special Execution
- Sectional Titles Schemes Managing Act
- Process In Aid
- Reserve Price Setting
- Constitutional Access To Courts