udicial oversight required for sales in execution of residential property : legislative and policy reform

Abstract

The Gundwana case was a challenge to the constitutionality of the High Court Rules and practice, which allowed a High Court registrar to grant default judgment, without judicial oversight, declaring immovable property executable. A sale in execution is the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor), sell it and use the proceeds to pay the judgment debt.