Van Der Merwe N.O. v Du Plessis, In Re; Nedbank Limited v Jacobs (12149/2012)
Van Der Merwe N.O. v Du Plessis, In Re; Nedbank Limited v Jacobs (12149/2012) [2014] ZAGPPHC 214 (22 April 2014)
The court held that, in terms of rule 46(11) of the Uniform Rules of Court, the sheriff is required to file a report and that an application which results in unnecessary costs is not necessary. The court relied on the precedent set in Sheriff, Hlabisa and Nongoma v Shobeka, confirming that the process should be streamlined to avoid unnecessary expenditure. Accordingly, the court granted the relief sought in prayers 1 and 3 of the notice of motion, postponed prayer 2 sine die, and dismissed prayer 4.
Source excerpt
- Uniform Rules Of Court Rule 46
- Sheriff Report Requirements
- Costs In Application Proceedings