PROPERTY LAW – SALE OF PRIMARY HOME IN EXECUTION – LESS DRASTIC MEASURES THAN A SALE IN EXECUTION

PROPERTY LAW – SALE OF PRIMARY HOME IN EXECUTION - LESS DRASTIC MEASURES THAN A SALE IN EXECUTION

Following the default judgment granted in its favour, the applicant bank brought an application in terms of Rule 108 to declare a certain property of the respondent specifically executable to satisfy the judgment debt. The respondents contended that there were viable less drastic measures as opposed to declaring their primary home specifically executable; the first being the loan by Agribank to settle the debts for which the applicant needs to provide permission, and the second measure (in the alternative) being that the . . .

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