A long-standing dispute between neighbouring Camps Bay residents has recently escalated. The latest development involves the court sheriff seizing vehicles owned by the ex-wife of one of the men who neglected to fulfil the other’s legal expenses.
Also read: Neighbour dispute ends in a R1.8m bill for Camps Bay resident
Trevor Forster (70) and Clem Kirst (52) have a lengthy history of confrontations, protection orders and court battles spanning a 9-year period.
Forster sort legal action against Kirst for various offences such as shining bright lights into his bedrooms, shouting, finger-pointing and even causing Forster to suffer a heart attack.
As reported by Times Live, Forster successfully obtained a warrant of execution from the high court in Cape Town in 2021, allowing him to seize Kirst’s ‘movable goods’ and sell them at an auction to cover his own legal expenses. On 1 June 2023, the warrant was reissued and 22 days later, the court sheriff proceeded to attach various assets found on Kirst’s property.
These assets included a Volkswagen Kombi, a Subaru, VW Polo, an Audi and two motorbikes.
Forster told the Sunday Times, ‘Relief obtained by attachment of assets is indicative that Kirst has no intention of ever paying the judgment debts, now exceeding R500,000.
‘The remainder of the total costs, now around R2m, will have to be recovered in additional litigation, also involving effective deterrent measures.
‘My experience of Kirst as an immediate neighbour and litigation since 2018 has been one of immense costs, financially, mentally and emotionally, and contributing still to ongoing direct health impairment.
‘I have no doubt that the results would be worse if Kirst’s conduct is tolerated in any community and in the justice system. I hope there will be an effective deterrent by enforcement in due process, however long it takes.’
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Meanwhile, Kirst informed the Sunday Times that the assets that were seized last month did not belong to him.
He said, ‘The rightful owners do not wish to have their assets or information published due to potential security concerns as well as criminal conduct that could emanate against them from publishing their assets, in the form of hijacking and robbery, as they have nothing to do with this matter whatsoever.’
In recent correspondence addressed to Forster’s legal representatives, Andrew Ginsberg, the attorney representing Kirst, stated that certain assets among those seized actually belong to Kirst’s ex-wife, Sharmn, as well as her landlord.
The letter read, ‘There is no claim for costs against our client, who was neither a party to the said proceedings nor the subject of any judgment in favour of your client.’
Ginsberg insisted that Forster’s legal team provide confirmation of the removal of the attachment by a given date,
‘Should you fail to do so, our client will have no alternative but to consider seeking urgent interdictory relief against your client and the sheriff.’
According to an affidavit, Sharmn stated that the VW Polo was owned by her mother. She also claimed ownership of the Audi station wagon, five bicycles, two Yamaha motorbikes, a Husqvarna, a Cycra motorcycle, and certain items of furniture.
In response, Forster’s lawyer, Pieter van der Riet, stated that Sharmn’s assertions would be examined and contested in court. In a letter directed to Ginsberg, Van der Riet clarified that Forster did not acknowledge Sharmn’s claims.
He stated, ‘Our client will undertake not to instruct the sheriff to remove any of the claimed items, against your client’s undertaking that no attempt will be made to dispose thereof. Execution will, however, proceed against items not claimed.’
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