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Section 39: Where mise à prix not covered

Sale Of Immovable Property Act · PART I: SEIZURE OF IMMOVABLE PROPERTY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

39. Where mise à prix not covered (1) Where there is no higher bid than the mise à prix of the execution creditor, the property shall be adjudicated to him. (1A) The mise à prix referred to in subsection (1) shall not be less than half of the open market value of the seized property mortgaged determined at the time of the transcription of the memorandum of seizure by an independent valuer appointed by the creditor. (1B) The cost of valuation of the mortgaged property shall be borne by the creditor. (2) Where the execution debtor or an inscribed or judgment creditor proves to the satisfaction of the Master that— (a) the bid, or the highest covering bid, is much below the value of the property; or (b) there is a reasonable prospect that, if the sale is postponed to a future day, a higher price will then be bid, the Master may postpone the sale. [S. 39 amended by s. 48 (b) of Act 10 of 2017 w.e.f. 24 July 2017.]

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