South Africa: South Gauteng High Court, Johannesburg

REPUBLIC OF SOUTH AFRICA

       IN THE HIGH COURT OF SOUTH AFRICA

   GAUTENG DIVISION, JOHANNESBURG

ON 8 AUGUST 2019, BEFORE HIS LORDSHIP MR JUSTICE VAN DER LINDE

                                                                                                  CASE NO:  2019/25535

In the matter between:

Sekgala Rammutlana Boelie                                                  Applicant

And                                                    

Body Corporate Glenhurst                                                      First Respondent

Sheriff of the High Court (Sandton North)                               Second Respondent

Samuel “Sam” Mandla                                                             Third Respondent

Order

Having heard the applicant in person, and having read the papers filed, the following order is made:

(a)  The application is postponed sine die and may not be enrolled before the remainder of this order will have been complied with.

(b) The applicant must apply on motion, served personally by the deputy-sheriff and to be heard    at the same time as the date for which this matter is re-enrolled, for the joinder to the main application of the purchaser of the vehicle at the sale in execution.

(c)  The main application must be served by the deputy-sheriff on the body corporate at its registered address.

(d)  The applicant must file a supplementary founding affidavit which must deal with the following matter raised in the applicant's founding affidavit:

(i)A copy of the order against which he had appealed to a full bench of this Court, which appeal was struck from the roll;

(ii)A copy of the order of the full bench of this Court which struck  the appeal from the roll, together with a copy of the judgment of the  full bench of this Court striking it from the roll;

(iii)A copy of the application for leave to appeal to the Supreme Court of Appeal;

(iv) A copy of the judgment and order of the Supreme Court of Appeal dismissing the application for leave to appeal to it;

(v)A copy of the application for leave to appeal to the Constitutional Court;

(vi) An explanation as to the outcome of the application for leave to appeal to the Constitutional Court;

(vii) An explanation of any facts relevant, in the applicant's view, to the applicability of rule 70 of the Magistrates' Court Rules to this matter;

(viii) An explanation as to precisely when and how the applicant acquired notice of the sale in execution;

(ix) An explanation of the steps taken by the applicant to secure return of the vehicle from when it was first attached.

(e) The supplementary affidavit described above, together with this court order, must both   be served by the deputy-sheriff on the body corporate at its registered address, as well as personally on the purchaser of the motor vehicle.

    BY ORDER OF COURT

     REGISTRAR