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ABSA Bank Limited v Van Eeden and Others (49918/2009) [2011] ZAGPJHC 19

31st March 2011

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The applicant has approached the court by way of motion proceedings for an order setting aside the sale in execution held on 14 September 2009 in terms of which a 2005 model Nissan X-trail 2.5 SEL (R55) was sold to the fifth respondent, Langlaagte Truck & Car CC (“Langlaagte”). The applicant also seeks an order that Langlaagte return the vehicle to the applicant against payment by the seventh respondent, the sheriff, to Langlaagte of the monies which Langlaagte has paid to the sheriff at the sale in execution. Both the applicant and the sheriff have made it clear that they consider this case to be one of critical public importance.

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