Thabazimbi Air Compressors v ACDC Winding (Pty) Ltd (39556/2020) [2025] ZAGPPHC 832 (15 August 2025)

25 Reportability
Civil Procedure

Brief Summary

Execution — Sale in execution — Validity of sale — Property sold in execution without proper notice to judgment debtor — Judgment debtor contended that sale was invalid due to lack of compliance with Rule 46(7) regarding notice — Court held that failure to provide adequate notice rendered the sale invalid, emphasizing the necessity of adhering to procedural requirements to protect the rights of the debtor.

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE Number: 39556/2020
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES; NO
(3) REVISED: NO
1g August 2025 |_|
In the matters between:-
THABAZIMBI AIR COMPRESSORS (PTY) LTD Applicant
and
ACDC WINDING (PTY) LTD Respondent
IN RE:
ACDC WINDING (PTY) LTD Applicant
and
THABAZIMBI AIR COMPRESSORS (PTY) LTD Respondent

2
JUDGMENT
HF JACOBS AJ:
[1] This is an application for leave to appeal in terms of section 17 of the
Superior Courts Act, 10 of 2013. | have listened carefully to the submissions made in
support of the application for leave to appeal and studied the heads of argument filed
on behalf of the applicant. The application levels criticism against the judgment but
does not, in my view, show any of the grounds listed by section 17(1) of the Act that
justify the granting of leave to appeal. On the contrary, in my view, the matter falls
under section 16(2)(a)(i) of 10 of 2013 in that the decision sought will have no practical
effect or result, even on appeal.
[2] | am therefore of the view that the appeal would not have reasonable
prospect of success and there is no other compelling reason why leave to appeal
should be granted.
[3] Under the circumstances leave to appeal is refused with costs.
ACTING J THE HIGH COURT
GAUTENG DIVISION, PRETORIA
Heard on: 11 August 2025
For the applicant: Ramabokela Inc
Email: reception@ramabokelainc.co.za
c/o Molokwane Attorneys
Email: info@molokwane-inc.co.za

3
Attorneys for respondent: Coombe Commercial Attorneys
Email: mat@coombe.co.za
Date of Judgment: 15 August 2025