IN THE HIGH COURT OF SOUTH AFRICA, NORTH GAUTENG DIVISION

HELD AT PRETORIA

CASE NO. 28787/12

NOT REPORTABLE

NOT OF IMPORTANCE TO OTHER JUDGES

DATE: 11 DECEMBER 2013

In the matter between:

DELPHIN LOUISA THWALA……………………………………………………………………………………….First Applicant

GODFREY THWALA……………………………………………………………………………………………..Second Applicant

and

FIRST NATIONAL BANK LIMITED…………………………………………………………………………..First Respondent

LUCAS MOLOBELE…………………………………………………………………………………………..Second Respondent

RACHEL PINKIE BODIBE……………………………………………………………………………………..Third Respondent

THE SHERIFF OF SOWETO WEST……………………………………………………………………….Fourth Respondent

JUDGMENT

A VAN NIEKERK AJ

Introduction

[1] The applicants reside at 1[…] K[…] Rd, M[…] E[…], S[…], also known as Erf […], M[…] T[…]. Their home (‘the property’) was sold in execution in April 2010. In these proceedings, they seek an order declaring the saie in execution to have been null and void, alternatively, rescinding and setting aside the default judgment on which the sale was based. The judgment was granted by registrar of this court on 16 July 2003, almost seven years prior to the sale.

[2] The application is opposed by the first respondent (‘FNB’). The third respondent filed what is termed an ‘opposing affidavit’ but appears to have taken no further steps to prosecute her interests in the matter.

[3] Given that the default judgment was granted in 2003, it predates the protections conferred by measures such as the National Credit Act 34 of 2005 and the amended Ruie 46(1) of the Uniform Rules of Court, where residential property is sought to be declared executable.

http://www.saflii.org/za/cases/ZAGPPHC/2013/514.html