About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2016
>>
[2016] ZAGPPHC 1014
|
|
Sheriff of the High Court, Johannesburg East v Gudsoul Events and Projects (Pty) Ltd, In re: Firstrand Bank Limited v Thindisa (56924/2013) [2016] ZAGPPHC 1014 (30 October 2016)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO:
56924/2013
30/10/2016
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
REVISED
In
the matter between:
THE
SHERIFF OF THE HIGH COURT, JOHANNESBURG
EAST Applicant
and
GUDSOUL
EVENTS AND PROJECTS (PTY)
LTD Respondent
In
re
FIRSTRAND
BANK
LIMITED Plaintiff
and
MAOIKELEDI
MARTHA
THINDISA Defendant
JUDGMENT
MBONGWE
,
AJ:
[1]
The applicant in this matter seeks an order in terms of rule 46(11)
of the Rules of the Court for the cancellation of a sale
in execution
of an attached immovable property. The relevant conditions of sale,
signed by both parties on the 28 April 2016 form
part of the
attachments to the application. This application was considered in
chambers.
[2]
The reason advanced for the relief sought is set out in the letter of
demand dated 20 May 2016 and addressed to the respondent
as follows;
"In terms of clause 4.4 of the Conditions of Sale, the
balance purchase price of R54 000,00 had to be paid/guaranteed within
21 days from the date of the sale, namely by no later than 19 May
2016. To date hereof and despite requests thereto on 3 and 12
May
2016, no payment/guarantee
has
been received."
[3]
It is noted that clauses 4.8.1 and 4.8.2 were left blank resulting in
the amounts that were to be inserted therein by the applicant/
creditor and thereby made known to the. respondent prior to the
conditions of sale being signed were unknown to the respondent
at the
time of signing. That rendered the Conditions of Sale invalid. The
applicant was a in. the case of The Sheriff of the High
Court,
Johannesburg East v Chetty. 009/3673 [2014] ZAGPJHC 352 wherein the
invalidity of the Conditions of Sale due to the non-disclosure
of
arrear municipality and other arrears amounts payable by the
purchaser of the property was pronounced. The reason for the
cancellation
in the present matter is not directly related to the
said non -disclosure, but the Conditions of Sale as they stand remain
invalid.
[4]
The applicant is an agent of the judgment creditor in this case. It
will, therefore, not accord with justice to not grant this
application on its own merits for the sake of the judgment creditor,
but the court's displeasure resulting from the applicant's
continued
failure to rectify his conditions of sale needs to be demonstrated.
[5]
In the result the following order is made:
1. An order is granted in terms of
prayers 1 and 2 of the notice on motion.
2. The costs relating to the sale of
the property to the respondent on 28 April 2016 including the costs
of this application are
to be paid by the applicant de bonis proprii.
____________________
MBONGWE,AJ
ACTING
JUDGE OF THE GAUTENG HIGH COURT.