An Application to declare immovable property executable is in terms of Section 66 (1) (a) of the Magistrates Court Act 32 of 1944, as Amended. The banks could sell the property at any amount and thereafter claim what it can for the outstanding debt from the debtor.

What is Rule 45 of the Rules of Court?

Under Rule 45, decisions, final orders or resolutions of the Court of Appeals in any case, i.e., regardless of the nature of the action or proceedings involved, may be appealed to the Supreme Court by filing a petition for review, which would be but a continuation of the appellate process over the original case.

What is a Rule 55A?

Amendment of pleadings – Magistrates’ Court – Magistrates’ Court Rule 55A. To prevent the opposing party taking exception to a pleading that lacks the necessary averments to sustain a cause of action or a defence, the pleading must be amended.

How long is a warrant of delivery valid for?

12 months
This warrant shall remain valid for a period of 12 months from the date the notice of enforcement is given to the respondent.

What are magistrates called in court?

Justices of the Peace
Magistrates (also called Justices of the Peace) are ordinary people who hear cases in court in their community.

What is a section 65 notice?

The notice must be issued by the clerk of the court and served upon the judgement debtor by the sheriff. Section 65 hearings are in essence an enquiry into the financial position of the judgement debtor. In the hearing the judgement debtor, under oath, presents oral evidence as to their financial position.

What is a Rule 22?

Interpleader. (a) Grounds. (1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead.

What is Section 66(1)(a) (a)?

In December 2017 section 66 (1) (a) was amended and rule 56A was introduced. The rule implements an application process to declare immoveable property executable in terms of section 66 (1) (a). In the application the court must enquire into all relevant circumstances, which may include:

What are the rules of the Magistrates Courts Act?

MAGISTRATES’ COURTS ACT (Cap. 04:04) RULES OF THE MAGISTRATES’ COURTS (Published on 4th March, 2011) ARRANGEMENT OF ORDERS ORDER PART I – CIVIL PROCEDURE RULES 1. Citation, Application and Interpretation 2. Messenger of the Court or other person effecting service 3. Clerk of the Court 4. Representation of Parties 5. Poor Litigants 6.

What are the rules of Court – Civil Procedure 2019?

Rules of Court – Civil Procedure 2019 Amendments to the 1997 Rules of Civil Procedure NUMBER TITLE Rule 1 General Provision Rule 2 Cause of Action Rule 3 Parties to Civil Actions Rule 4 Venue of Actions Rule 5 Uniform Procedure in Trial Courts Rule 6 Kinds of Pleadings Rule 7 Parts of a Pleading Rule 8 Manner of Making Allegations in Pleadings

When were the rules of court published under the GNR?

GNR.1108 of 21 June 1968: Rules of Court The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985 ), with the approval of the Minister of Justice, made the rules in the Schedule. In this Schedule “the Rules” means the rules published under Government Notice No.