JUDGMENT – WRIGHT J
1. The applicant homeowners association obtained judgment on 30 August
2022 against Mr Ngcai for arrear levies in the sum of R439 000. An
attempt to execute against movables yielded next to nothing.
2. The applicant now seeks an order that the property of Mr Ngcai be
declared executable. The property in question is in the upmarket
bracket.
3. In his answering affidavit Mr Ngcai does not challenge the judgment nor
does he suggest that he has paid any amounts, other than relatively
small amounts in reduction of the debt. He says, vaguely, that starting
with covid, he had financial difficulties. He acknowledges substantial
arrears.
4. Mr Ngcai, a property developer, says that he lives on the property with
his family and sister who has mental health struggles. He does not say
that if the order sought is granted he and his family will be homeless.
5. At the last minute, the first respondent launched a rescission
application. This fact is complicated by the fact that his counsel, for
today, appears to have been briefed in the rescission application rather
than the executability application, which is the application before me.
6. In these circumstances, the matter should be removed but with punitive
costs.
1st RESPONDENT Adv K Randall
Instructed by Metcalfe Attorneys
mm@metcalfeattorneys.co.za
rosemary@metcalfeattorneys.co.za