- Advocate Muhammad Abduroaf

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO: /2024

In the matter between:

KONRAD JOSEPH SCHÜLER (Applicant)

Identity number: 590504 5229 08 0

and

VANESSA GAIL SCHÜLER (Respondent)

Identity number: 600904 0208 08 9

NOTICE OF MOTION

TAKE NOTICE that the Applicant intends to make an Application to the above Honourable Court for an Order in the following terms:

The Applicant’s non-compliance with the requirements of forms, service, manner of service and time periods provided in the Uniform Rules of this Honorable Court be condoned insofar as necessary;
Prior to any proceeds of the sale of portion 19,346, Koppersfontein, Western Cape (the property), being paid to the Respondent:
- the Transferring Attorneys shall retain the sum equal to the outstanding debt of the former joint estate of the parties referred to in clause 3.1.3 of the Consent Paper (the debt), which was made an Order of the Regional Court for the Regional Division of the Western Cape, held in Cape Town, on 24 October 2023, under case number 165/2023 (the divorce Order) and utilise it to settle the debt;
- The Transferring Attorneys shall retain an amount equal to the sum of all payments made by the Applicant and/or debited from his Standard Bank Account calculated from 01 November 2023, which was used to pay the Respondent’s half of the debt, and reimburse the Applicant therewith on behalf of the Respondent;
The motor vehicle referred to in clause 4.1.2 of the Divorce Order, being a 2011 Hyundai Ix35 2.0 Gls/Executive, with registration number CAA 412805, shall be retained by the Applicant as his sole and exclusive property for which right the Applicant shall forthwith pay the Respondent the sum of R 3 661 (three thousand six hundred and sixty-one rand); and
Costs of this Application; and
Further and/or alternative relief.

TAKE NOTICE FURTHER that the Applicant has appointed the firm ADVOCATE MUHAMMAD ABDUROAF, with its details as stated below as his/her Legal Practitioner of record and address at which he/she shall accept notice and service of all process in these proceedings.

KINDLY TAKE NOTICE FURTHER that if you intend opposing the Application, you are required to:

inform the Applicant’s Legal Practitioner within 10 (ten) days of receipt hereof of your intention to do so; and
fifteen days after you have so given notice of your intention to oppose the Application, to file your answering affidavit, if any; and further;
that you are required to appoint in such notification an address referred to in rule 6 (5) (b) at which you will accept notice and service of all documents in these proceedings.

KINDLY BE ADVISED FURTHER, that if no such notice of intention to oppose is given, the Application will be made on a date and time to be provided by the Registrar of this Honourable Court.

TAKE NOTICE FURTHER that the Founding Affidavit of KONRAD JOSEPH SCHÜLER will be used in support of this Application.

TAKE NOTICE FURTHER that the Applicant consent to service of any process in these proceedings via email using the email address [email protected].

DATED AT CAPE TOWN ON THIS DAY OF JANUARY 2024.

_______________________________

Per: Adv. M Abduroaf

(Legal Practitioner of the Applicant)

Trust Account Advocate – An advocate as contemplated in section 34(2)(b) of the Legal Practice Act, 28 of 2014 (the Act)

Chambers.: The Pinnacle | Suite 702, 7th Floor Corner Strand, Burg & Castle Streets | Cape Town, 8001

Tel.: +2721 111 0090

Email.: [email protected] (Email Service)

High Court Box 115

Ref.: M22081/Schüler

To: THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT

HIGH COURT