PB002897
P262- NOTICE OF APPLICATION TO DECLARE IMMOVABLE PROPERTY EXECUTABLE IN TERMS OF RULE 43A IN THE MAGISTRATES COURT FOR THE DISTRICT OF FEZILE DABI HELD AT PARYS Case No: 06/2023 In the matter between: PARYS GOLF AND COUNTRY ESTATE HOMEOWNERS` ASSOCIATIONAPPLICANT Registration Number: 2005/008016/08 and CARLA DU PLESSISRESPONDENT Identity Number: 841229 0081 081 NOTICE OF APPLICATION TO DECLARE IMMOVABLE PROPERTY EXECUTABLE IN TERMS OF RULE 43A KINDLY TAKE NOTICE that the Applicant intends making application to the above Honourable Court on the 27th day of OCTOBER 2026 at 09h00 or as soon thereafter as counsel may be heard for an order in the following terms: 1.That the immovable properties described hereinbelow is declared specially executable, namely: ERF 3027 REGISTRATION DIVISION PARYS RD PROVINCE OF FEESTATE IN EXTENT 749 (SEVEN FOUR NINE ) SQUARE METRES HELD BY DEED OF TRANSFER T17412/2007 2.That the Clerk of the above Honourable court is authorized to issue a warrant of execution in terms of Rule 43 as read with 43A for the attachment of the abovementioned immovable property; 3.That in the event that it is found that the abovementioned immovable property is the primary residence of the respondent (which is not), a reserve price is set for the sale of the properties, at a sale in execution, at an amount determined by the Honourable Court. 4. That the Applicant is entitled to approach this Honourable Court on the same papers, duly supplemented, for a variation of the reserve price if a change in the factors influencing the reserve price necessitates a changed of the reserve price, or in the event that the reserve price is not obtained at the sale in execution; 5.That the Sheriff of the above Honourable Court is authorized to execute the warrant of attachment against the immovable propertiy; 6. That the Respondent is directed to pay the costs of this application on the scale as between attorney and client; 7. Further and/or alternative relief. KINDLY TAKE NOTICE FURTHER that you, as Respondent, have the right to housing in terms of Section 26 of the constitution of the Republic of South Africa, Act 108 of 1996, which Section provides that: (1)Everyone has the right to have access to adequate housing. (2)The state must take the reasonable legislative and other measures, within its available resources, to achieve the progressive realization of this right. (3)No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. AND KINDLY TAKE NOTICE FURTHER that the founding Affidavit of JOHANNES JURIE BENADE, together with annexures thereto, will be used in support of this application. AND KINDLY TAKE FURTHER NOTICE that the Applicant appointed STEFAN SCHEEPERS ATTORNEYS, which address is set out herein below, as the address at which they will accept notice and service of all processes and documents in the proceedings. The Applicant further elects admin2@schlaw.co.za as the electronic address for service of all documents, notices and pleadings in terms of rule 113(3)(c). TAKE FURTHER NOTICE that if you intend to oppose this application, you must within 10 (TEN) court days of service of this application
•a)In an affidavit admit or deny the allegations made in the Applicant`s Founding Affidavit; b) Set out in such affidavit the reasons for your opposition and the grounds on which your opposition is based; c)Serve a copy of the affidavit on the Applicant or his/her/its attorney of record; and d)File the original of the affidavit with the Clerk of the Court. KINDLY TAKE NOTICE FURTHER that if you wish to make submissions which are relevant to the making of an appropriate order such as the determination of a reserve price; you must, within 10 (TEN) court days of service of this application
•a)Set our in an affidavit the submissions or grounds therefore; b)Serve a copy of the affidavit on the Applicant or his/her/its attorney; and c)File the original of the affidavit with the Clerk of the Court. AND TAKE NOTICE that
•a)Together with service and filing of the affidavit, you must give your physical address, postal address and where available, facsimile and electronic mail address; b)In your affidavit you must indicate the preferred address for service upon you of all document in the application, and service thereof at the address so given shall be valid and effectual, except where personal service is required by an order of practice of the court; and c) A physical address given by you must, in places where there are three or more attorneys of firms of attorneys practicing independently of one another, be within 15 (fifteen) kilometers of the courthouse in terms of Rue 13(3). AND TAKE FURTHER NOTICE that you must appear before the Honourable Court on 27th day of OCTOBER 2026. AND TAKE NOTCE FURTHER that your failure to do any of the things mentioned in this application may result in the above Court granting the Orders as prayed for above. KINDLY PLACE THE MATTER ON THE ROLL FOR HEARING ACCORDINGLY. DATED AT PARYS ON THIS THE 22nd DAY OF SEPTEMBER 2026. ________________________________ STEFAN SCHEEEPERS INC. ATTORNEYS FOR THE APPLICANT 17 Church Street Parys Tel: 056 811 2323 E-mail: admin2@schlaw.co.za REF: J ALBERTS/jl/SP1287 AND TO:THE CLERK OF THE ABOVE HONOURABLE COURT PARYS
Reference Number: PB002897
