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South Africa Case Law

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Land And Property [2024] ZAFSHC 86

Standard Bank of South Africa Limited v Mellet N.O. and Others (68/2023)

Standard Bank of South Africa Limited v Mellet N.O. and Others (68/2023) [2024] ZAFSHC 86 (18 March 2024)

The High Court declared immovable property specially executable under a covering mortgage bond, but stayed execution pending related litigation and a reserve price determination.

  • Mortgage Bond Enforcement
  • Special Executability
  • Covering Bond Liability
  • Stay Of Execution
  • Setting Of Reserve Price
  • Mortgage-bond-enforcement
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Land And Property [2023] ZAGPJHC 487

Investec Bank Limited v Litha (2021/11116)

Investec Bank Limited v Litha (2021/11116) [2023] ZAGPJHC 487 (16 May 2023)

High Court judgment granting mortgage enforcement and special execution over a primary residence, with a reserve price and a three-month stay.

  • Mortgage Foreclosure
  • Rule 46a Procedure
  • Right To Adequate Housing
  • Judicial Oversight
  • Setting Of Reserve Price
  • National Credit Act Compliance
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Civil Procedure [2022] ZAGPJHC 644

First National Bank v Pearl (18251/2021)

First National Bank v Pearl (18251/2021) [2022] ZAGPJHC 644 (2 September 2022)

The court found that the applicant was entitled to a default judgment due to the respondent's failure to defend or settle the arrears on her home loan. The respondent was afforded multiple opportunities to remedy her default, including postponements and direct communication, but failed to make any acceptable arrangements. The court held that judicial oversight under Rule 46A and section 26 of the Constitution had been satisfied, as all relevant circumstances and alternatives were considered. The interests of both parties were balanced, and the applicant's conduct was not malicious. To protect…

  • Default Judgment
  • Mortgage Bond Enforcement
  • Sale In Execution
  • Rule 46a Judicial Oversight
  • Section 26 Right To Housing
  • Setting Of Reserve Price
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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.