The High Court dealt with an application for summary judgment and a Rule 46A application concerning leasehold rights in Waterfall Country Estate. It found that the respondent had not disclosed a bona fide defence to the monetary claim, but that the matter could not proceed to judgment because pre-summons delivery of the s 129 notice had not been sufficiently established. The proceedings were adjourned under s 130(4)(b), with directions for fresh compliance steps and a reserve price in the region of R6 million noted for the later Rule 46A enquiry.
This may be relevant to mortgage enforcement, National Credit Act compliance and Rule 46A sale-in-execution proceedings involving residential leasehold rights.
Evidence from source
This is an application for summary judgment, coupled with an application under Uniform Rule 46A to declare residential leasehold rights held by the respondent in property situated at Waterfall Country Estate specially executable.
Supports: summary of the applications and subject matter
In terms of s 130(4)(b) of the National Credit Act 34 of 2005 , the application for summary judgment and the application under Uniform Rule 46A are adjourned .
Supports: order adjourning the proceedings under s 130(4)(b)