South Africa: North Gauteng High Court, Pretoria

IN THE NORTH GAUTENG HIGH COURT, PRETORIA

(REPUBLIC OF SOUTH AFRICA)

Case No: 13731/2011

Date: 4 April 2014

Not Reportable

Not of interest to other judges

In the matter between:

THE SHERIFF WONDERBOOM.......................................................................... Applicant

And

C MSOMI OBO CATE PROPERTIES............................................... Respondent/ Purchaser

In re -

ABSA BANK LIMITED..............................................................................................Plaintiff

And

STANFORD MOEKETSI THOOTHE..................................................................Defendant

JUDGMENT

JANSE VAN NIEUWENHUIZEN J

[1] This is an application in terms of the provisions of rule 46(11) of the Uniform rules of court.

[2] In terms of the rule, the sheriff should file a report and an application, which result in the incurring of unnecessary costs, is not necessary. [See: Sheriff, Hlabisa and Nongoma v Shobeka 2009 (6) SA 272 (KZN)].

[3] Once the property has been sold, the sheriff may file a further report in respect of the damages that was suffered as a result of the purchaser's non-compliance with the terms of the sale agreement.

ORDER

1. An order is granted in terms of prayers 1 and 3 of the notice of motion.

2. Prayer 2.1 is dismissed.

3. Prayers 2.2 and 2.3 is postponed sine die.

JANSE VAN NIEUWENHU1ZEN J

JUDGE OF THE GAUTENG HIGH COURT OF SOUTH-AFRICA

PRETORIA