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