The High Court dealt with a Rule 46A(9)(c) reconsideration application about a sale in execution that did not reach the reserve price. The judgment records a private sale agreement for a higher price, excludes R50 000 in legal fees from the updated pro forma statement, and directs that transfer and payment be completed by 15 November 2026. If that does not happen, the applicant is authorised to readvertise the sale in execution.
This may be relevant to property execution and mortgage enforcement matters, especially where a private sale is proposed after a failed auction.
Evidence from source
Rule 46A(9)(c )- reserve price reconsideration in light of offer to purchase – price higher than the reserve price- unreasonable to pursue sale in execution in light of offer to purchase.
Supports: Summary sentence 1 about the Rule 46A reconsideration and failed reserve price.