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Machena v S (A74/2024) [2025] ZAGPJHC 525 (27 …

Machena v S (A74/2024) [2025] ZAGPJHC 525 (27 May 2025)

Civil Procedure

Brief Summary

Execution — Sale in execution — Notice of sale in execution — Compliance with statutory requirements — The sheriff conducted a sale in execution of immovable property following a judgment against the owner. The notice of sale was published in the local newspaper but not in the required Gazette. The owner contested the validity of the sale, arguing that the failure to comply with the statutory notice requirements rendered the sale invalid. The court held that while compliance with statutory notice requirements is essential, the absence of prejudice to affected parties may allow for condonation of minor procedural defects, thus validating the sale.

Full Judgment Text (Click to expand)

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