IN THE HIGH COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION)
CASE NO: 2005/25100
In the ex parte application of:
FIRSTRAND BANK LIMITED trading inter alia
As FNB HOME LOANS (formerly First National Bank of Southern Africa Limited) First Applicant
THE SHERIFF OF BRAKPAN Second Applicant
THE SHERIFF OF SANDTON Third Applicant
THE ASSOCIATION OF SHERIFFS Fourth Applicant
JUDGMENT
GOLDBLATT J:
The applicants in this matter seek a declaratory order in terms of section 19(1)(a)(3) of the Supreme Court Act no 59 of 1959 as to when service by a sheriff in terms of Rule of Court 46(3) is to be construed as efficacious service and does not expose either the sheriff or the judgment creditor to a future possibility of an action for damages for want of compliance therewith. As will appear hereunder the problems in relation to the aforesaid Rule of Court have been occasioned by conflicting decisions in this court.