Application to declare immovable property executable

RULES BOARD FOR COURTS OF LAW REPUBLIC OF SOUTH AFRICA

application to declare immovable property executable

REPUBLIC OF NAMIBIA MINISTRY OF JUSTICE OPENING. [17] There is however a distinction between a bondholder declaring a property executable and a non-bondholder in that in the latter case there must be a nulla bona return from the Sheriff in respect of movables, or that there are insufficient movables. Accordingly the immovable property is the only remaining asset of the debtor., Magistrates' Courts Act, 1944 (Act No. 32 of 1944) the magistrate or an additional or assistant magistrate of the district in which the property is situate has upon the application of the judgment creditor the messenger shall request the execution debtor to declare whether he has immovable property which is executable and shall enter.

Standard Bank Namibia Ltd v Shipila (I 1791-2014)[2015

NPGS Protection and Security Services CC and Another v. attachment for immovable property specially executable. The warrant which appears on page 26 of the papers reads as follows: "Whereas the aforementioned property has been declared executable in terms of the aforesaid Judgment Now therefore you are directed to attach and to take into execution the immovable property of the said Defendants being 1., attachment for immovable property specially executable. The warrant which appears on page 26 of the papers reads as follows: "Whereas the aforementioned property has been declared executable in terms of the aforesaid Judgment Now therefore you are directed to attach and to take into execution the immovable property of the said Defendants being 1..

instance, the application to declare the property executable must not dismissed, but adjourned, with the proviso that the matter may not be set down (for an order of execution, if deemed necessary if Mr and Mrs Mdletye do not keep up their repayments) sooner than six months from the date of this judgment. Practice – High Court Rule 108(1) and (2) – Interpretation thereof – Application by Mortgagee to declare an immovable property, placed under a mortgage bond specially executable, as of right together with the default judgment – Principles in

immovable property LETTER OF DEMAND Does not respond and does not pay SUMMONS Does not defend JUDGEMENT The debtor pays Defends Litigation Process If S65A(1) is unsuccessful and Debtor has immoveable property, a Section 66 Application to declare the immoveable property executable and sell at auction financial enquiry results in the debtor being executable was not acquired by means of the assistance of a State Subsidy. 8.7 The Defendant has not made any payment, towards his Mortgage bond over the immovable property, since 5 May 2010. 8.8 The Plaintiff confirms that the information at our disposal shows that the immovable property is the primary residence of the Defendants.

attached to the summons or application, are true copies of the originals. Alternatively; 2.2. An affidavit from the judgment creditor has been filed setting out the her home being declared executable, he or she is called upon to place 4.7. The immovable property which is sought to have declared executable There is much force in this argument 57 The courts power and duty to impose a from LAW S3029 at Witwatersrand

5/29/2019 · Thereafter, the respondent brought an application to declare the appellant’s immovable property specially executable. The appellant had admitted liability to the respondent therefore the court a quo granted the application and declared two of the appellant’s properties, both residential, executable. [17] There is however a distinction between a bondholder declaring a property executable and a non-bondholder in that in the latter case there must be a nulla bona return from the Sheriff in respect of movables, or that there are insufficient movables. Accordingly the immovable property is the only remaining asset of the debtor.

Who is living in my house?

application to declare immovable property executable

There is much force in this argument 57 The courts power. An object which is attached to immovable property (for example, to a building which is itself immovable property), if its attachment to the immovable property is so secure that separation from it would cause substantial injury to either the immovable property or the article. Whether buildings or objects that have separate identity and, 8/15/2019 · The question in law before the SCA was whether summary judgment was correctly granted against the Appellants by the court a quo, and if so, whether it was acceptable for the court a quo to declare the immovable property registered in the Second Appellant’s name (“the Immoveable Property”) specifically executable..

Cliffe Dekker Hofmeyr Executing against immovable

application to declare immovable property executable

Can your House be Sold to Cover your Debts? ALATTORNEYS. In claims to declare hypothecated immovable property executable or when applying to execute against immovable property, if it appears that the outstanding amount on the bond is relatively small or the debt, where a bond is not involved, is small, reasons why the sale of movable property to settle https://simple.wikipedia.org/wiki/Immovable_property [ISSN 0257 – 7747] TSAR 2014 . 3. APPLICATION OF THE HOUSING CLAUSE DURING MORTGAGE FORECLOSURE. 509 ways. 163. In what follows, we explain that such a ….

application to declare immovable property executable


The warrant that is automatically issued by the Court without further application from the creditor is a warrant of execution of movable assets. Should the creditor wish to execute upon immovable assets, application must be brought to declare the immovable property executable… attachment for immovable property specially executable. The warrant which appears on page 26 of the papers reads as follows: "Whereas the aforementioned property has been declared executable in terms of the aforesaid Judgment Now therefore you are directed to attach and to take into execution the immovable property of the said Defendants being 1.

immovable property be declared executable; see: Nedbank Ltd v Mortinson 2005 (6) SA 462 (W), at para [19]. 10. The amount claimed falls within the jurisdiction of the Magistrate’s Court, but was Hypothecation of immovable property as security entitles a creditor to have from LAW PVL1501 at University of South Africa

[9] The respondents did not challenge the correctness of the default judgment or seek the judgment to be rescinded and, in my view, rightly so. The facts, as alleged by the applicant in support of the application to have the immovable property declared executable, appear mostly to … 4/17/2008 · The ABSA decision seems to contradict the Standard Bank case, which held that if application for default judgment is made on a mortgage secured by immovable property, only where the defendant does not raise section 26 of the Constitution as a defence, can the Registrar declare the immovable property executable without referring the matter to

immovable property LETTER OF DEMAND Does not respond and does not pay SUMMONS Does not defend JUDGEMENT The debtor pays Defends Litigation Process If S65A(1) is unsuccessful and Debtor has immoveable property, a Section 66 Application to declare the immoveable property executable and sell at auction financial enquiry results in the debtor being immovable property be declared executable; see: Nedbank Ltd v Mortinson 2005 (6) SA 462 (W), at para [19]. 10. The amount claimed falls within the jurisdiction of the Magistrate’s Court, but was

application to declare immovable property executable

The South African Sheriff Society (SASS) is the voluntary sheriff organization of choice and is representing the most sheriffs in South Africa. We proudly look after the interest of all our members and have representation in all 9 provinces. The right to adequate housing vs execution against immovable property: the constitutional perspective by Sally D'Arcy Donnelly Every person has the right of access to adequate housing. It is the duty of the State to take reasonable legislative and other measures to achieve the progressive realisation of this right.

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