Rand Mutual Assurance Ltd v Road Accident Fund (2021/49003) [2025] ZAGPJHC 487 (21 May 2025)

35 Reportability
Civil Procedure

Brief Summary

Execution — Sale in execution — Validity of sale — Plaintiff sought to challenge the validity of a sale in execution on the grounds of improper notice. The sale was conducted following a court order, but the plaintiff argued that the notice did not comply with the required timeframes. The court considered whether the failure to adhere strictly to the notice requirements invalidated the sale. The court held that while compliance with notice requirements is essential, minor deviations that do not result in prejudice to affected parties may be condoned, thus upholding the validity of the sale.

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HEARD : 21 MAY 2025
DELIVERED : 21 MAY 2025

APPEARANCES :

Plaintiff Adv N Makhani
makhanin@gmail.com
076 873 1000
Instructed by Mamuthuntsha Attorneys
info@mamathuntshaatt.co.za
011 492 0622

Defendant Att Limnandi Mtshemla
limnandim@raf365z a.onmicrosoft.com
Instructed by Road Accident Fund
State Attorney