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Can a sale in execution proceed while an appeal hangs in the balance?

Author
KloppersInc
Published
Tue 02 Sep 2025
Episode Link
https://kloppers.libsyn.com/can-a-sale-in-execution-proceed-while-an-appeal-hangs-in-the-balance

In this episode, we unpack whether a sale in execution can move forward while an appeal is still pending. We explain the general rule of suspension during appeals, the role of the sheriff in executing judgments, and the exceptions provided in both the Superior Courts Act and the Magistrates Courts Act. Listeners will gain clarity on when courts may permit execution to proceed, the importance of proving irreparable harm, and the safeguards such as security requirements. A practical guide for anyone navigating appeals and enforcement of judgments.

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