South Africa Case Law

Ehlers N.O and Others v Land and Agricultural Development Bank Of South Africa and Others (2919/2016)

Ehlers N.O and Others v Land and Agricultural Development Bank Of South Africa and Others (2919/2016) [2018] ZALMPPHC 64 (31 August 2018)

Court

Limpopo High Court, Polokwane

Case number

2919/2016

Judge

EM Makgoba

The High Court dismissed a challenge to a sale in execution, holding the Bochum sheriff had authority and that any Rule 46 irregularity caused no prejudice.

• Sale In Execution
• Sheriff Authority
• Locus Standi
• Uniform Rules Of Court Rule 46
• Condonation Of Irregularity
• Sale-in-execution

Absa Bank Ltd v Universal Pulse Trading and Others (2011 (5) SA 80 (WCC))

Absa Bank Ltd v Universal Pulse Trading and Others (2011 (5) SA 80 (WCC)) [2011] ZAWCHC 260; 20806/2010 (8 June 2011)

Court

Western Cape High Court, Cape Town

Case number

20806/2010

Judge

S Olivier

The court held that once bidding commenced at a public auction without reserve, the sheriff was not entitled to halt the auction upon oral instruction from the applicant. The sheriff's authority derives from Uniform Rule of Court 46 and common law principles governing auctions. The sheriff is not the agent of the execution creditor but acts as an executive of the law. The applicant's attempt to withdraw from the auction or halt the process was contrary to the principles of public auction without reserve and would have prejudiced the rights of other bidders. No reviewable irregularity was esta…

Source excerpt

• Sale In Execution
• Public Auction
• Sheriff Authority
• Withdrawal Of Auction
• Reviewable Irregularity

ABSA Bank Ltd v Universal Pulse Trading Figures 45 (Pty) Ltd and Others (20806/2010)

ABSA Bank Ltd v Universal Pulse Trading Figures 45 (Pty) Ltd and Others (20806/2010) [2011] ZAWCHC 562 (8 June 2011)

Court

Western Cape High Court, Cape Town

Case number

20806/2010

Judge

Sven Olivier

The court held that once bidding has commenced in a public auction without reserve, it is no longer open to the sheriff to halt the auction upon oral instruction from the execution creditor. The sheriff acts as an executive of the law under Rule 46 of the Uniform Rules of Court and is not the agent of the execution creditor. The principles governing public auctions dictate that withdrawal is not permitted after the article has been put up for sale and bidding has started. The applicant's argument that the sheriff's conduct constituted a reviewable irregularity was rejected, as no statutory or…

Source excerpt

• Sale In Execution
• Public Auction
• Sheriff Authority
• Withdrawal Of Auction
• Rule 46 Uniform Rules
• Reviewable Irregularity