MW007233
NOTICE IN THE HIGH COURT OF SOUTH AFRICA MPUMALANGA DIVISION MIDDELBURG – LOCAL SEAT CASE NO: 5304/2022
In the matter between
ESKOM FINANCE COMPANY (SOC) LTD
REGISTRATION NUMBER:
1990/001322/07
– FIRST APPLICANT
NQABA FINANCE 1 (PTY) LTD REGISTRATION NUMBER:
2005/04005/07
– SECOND APPLICANT
AND
ESTHER NCANE MASILELA ID NO: 651106 0371 085 – FIRST RESPONDENT
EMALAHLENI LOCAL MUNICIPALITY
– SECOND RESPONDENT APPLICATION FOR DEFAULT JUDGMENT AND NOTICE OF SET DOWN I.T.O RULE 31 (5) (a) AND AN ORDER I.T.O RULE 46(1)(a)(ii) AND RULE 46 OF ACT 10 OF 2013
BE PLEASED TO TAKE NOTICE that an Application will be made to the above Honorable Court on:
22 JUNE 2026 at 10h00, or as soon thereafter as the matter may be heard for Default Judgment to be granted against the 1st Respondent for an Order, for:
1. Payment in the amount of R480 597.55;
2.Interest on the amount of
R480 597.55, calculated at a rate of 10.7500% calculated from 1 APRIL 2022 to date of final payment;
3.An Order declaring the following mortgaged property specially executable: HOLDING 8 CLEWER AGRICULTURAL HOLDING REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 8722 (EIGHT THOUSAND SEVEN HUNDRED AND TWENTY TWO) SQUARE METRES HELD BY THE DEED OF TRANSFER T1005/2000
Also known as: 816 NORTH STREET, CLEWER AH, EMALAHLENI, 1036
4. An order authorizing the issuing of a warrant of execution and directing execution against the immovable property;
5. An Order whereby the immovable property known as HOLDING 8 CLEWER AGRICULTURAL HOLDING REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 8722 (EIGHT THOUSAND SEVEN HUNDRED AND TWENTY TWO) SQUARE METRES HELD BY THE DEED OF TRANSFER T1005/2000
Also known as: 816 NORTH STREET, CLEWER AH, EMALAHLENI, 1036 (hereinafter referred to as `the property`) is to be sold at a sale in execution without a reserve price; OR
6. An order whereby the immovable property known as HOLDING 8 CLEWER AGRICULTURAL HOLDING REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 8722 (EIGHT THOUSAND SEVEN HUNDRED AND TWENTY TWO) SQUARE METRES HELD BY THE DEED OF TRANSFER T1005/2000
Also known as: 816 NORTH STREET, CLEWER AH, EMALAHLENI, 1036 (herein after referred to as `the property`) is to be sold at a sale in execution at a reserve price determined by this Honorable Court;
7. The Sheriff be authorized to sell the immovable property to the highest bidder at the sale in execution should the reserve price requested in prayer 6 not be achieved;
8. The Applicant is granted leave to approach the Honorable Court again for a reviewed reserve price should the Applicant require that a reviewed reserve price be set;
9.Cost of suit on attorney and own client scale;
10.Further and/or alternative relief.
DATED AT WITBANK ON THE 03 OF MARCH 2026. MATLALA VON METZINGER ATTORNEYS
ATTORNEYS FOR PLAINTIFF
1 LANA STREET WITBANK
P.O. BOX 291 WITBANK 1035
K.A. MATLALA/MAPASEKA /WL/X298
TEL.: 013 656 6059/4863 C/O:
MASHIFANE MOSWANE ATTORNEYS
P.O.BOX 1066 MIDDELBURG
OFFICE NO 6 TOWN SQUARE BUILDING NO2, EKSTEEN STREET MIDDELBURG 1050
TEL: 013 243 0568
TO: THE REGISTRAR OF THE HIGH COURT MIDDELBURG
AND
TO:ESTHER NCANE MASILELA
816 NORTH STREET CLEWER AH EMALAHLENI 1036
AND
TO: EMALAHLENI LOCAL MUNICIPALITY
Reference Number: MW007233
