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[2017] ZAGPPHC 34
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Industrial Corporation of South Africa Limited v Kgaswane Country Lodge (Pty) Limited (18445/2014) [2017] ZAGPPHC 34 (9 February 2017)
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION, PRETORIA
09/02/2017
CASE NO: 18445/2014
In the matter between:
INDUSTRIAL CORPORATION OF SOUTH
AFRICA LIMITED
Applicant
and
KGASWANE COUNTRY LODGE (PTY)
LIMITED
Respondent
REASONS FOR ORDER
Tuchten J
:
1 This
matter came before me in the unopposed motion court for the hearing
of the
relief sought in Part B of the applicant's notice of motion.
The relief sought was an order that the applicant be authorised to
dispose of all the respondent's moveable property whether held by the
respondent at the date of the order or acquired by the respondent
in
the future by public auction, public tender, private treaty or in
such manner as the applicant decided.
2 I
put it to counsel that the order sought was one for
parate
executie.
Counsel did not argue otherwise. There seemed to me no
justification for the prayer that the applicant be empowered by court
order
to sell all of the assets in a manner and on terms decided by
the applicant itself. I was not referred to any inventory or
valuation
of the assets sought to be sold.
3 There
seemed to me to be no reason why the applicant should not seek
to
obtain a money judgment against the respondent for what is owed to it
and then execute on that judgment in accordance with the
usual
practice.
4 I
therefore refused to make the order sought.
NB Tuchten
Judge of the High Court
9 February 2017