- Flynote
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Summary judgment – whether bona fide defence established –
execution against primary home of debtor – no facts placed before court – whether
court entitled to order execution without such facts – loan secured by mortgage over
surety’s property – judgment debtor failing to provide court with any information
relative to the asserted right to housing save for a statement from the bar which is
required to conduct the mandated inquiry.
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Cited documents 20
Judgment 15
Legislation 5
1. | Magistrates' Courts Act, 1944 | 2746 citations |
2. | Superior Courts Act, 2013 | 1697 citations |
3. | National Credit Act, 2005 | 686 citations |
4. | Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 | 444 citations |
5. | Trust Property Control Act, 1988 | 313 citations |