LOCAL safari operator, Emmanuel Fundira, risks losing his immovable property in Cape Town, South Africa, over an undisclosed debt owed to Body Corporate Atlantic Shores, NewsDay has learnt.
by staff reporter
According to summons filed at the Cape Town Magistrates’ Court under case number 8976/2015, Body Corporate Atlantic Shores is seeking an execution warrant against Fundira’s flat located in the affluent Atlantic Shores, Beach Boulevard, Bloubergrant, Western Cape.
The matter has been set down for hearing on March 9.
“In the application, the applicant seeks the following order: Declaring that the immovable property owned by the respondent situated at section 23, Flat 7, Atlantic Shores, Beach Boulevard, Bloubergrant, Western Cape, and the description of which is set out more fully on the Deeds Office Search and Conveyancer’s certificate annexed to the affidavit hereto, marked B and C, respectively, specifically executable,” the draft order reads.
Body Corporate Atlantic Shores, represented by Bicarri Bollo Mariano Incorporated, is also seeking cost of the suit.
Alternatively, the company also indicated that it was ready for an out-of-court settlement if Fundira tables a reasonable payment plan to liquidate the debt.
“In terms of section 73 of the Magistrates Court Act of 1944, the court may, upon the application of the respondent or under section 65E (1)(a)(ii) or section 65E(1)(i)(c), and if it appears to the court that the respondent is unable to satisfy the judgment in debt in full at once, but is able to pay reasonable periodical instalments towards the satisfaction thereof, or if the respondent consents to an emoluments attachment order or garnishee order, being made against respondent’s employer, suspend execution against the respondent either wholly or in part.
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The respondent is, therefore, invited to make an offer to pay off the judgment debt in instalments as contemplated in terms of section 73 of the Act,” the sought order read.
