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Nkanyani v Nedbank Limited and Others (20832/12) [2017] ZAGPPHC 178 (14 March 2017)
The High Court dismissed a bid to set aside a sale-in-execution and transfer of property, but ordered Nedbank to render a proper accounting of sale proceeds.
Holderness NO and Others v Maxwell and Others (6518/11) [2012] ZAKZPHC 49 (31 July 2012)
The court held that the first respondent, as landlord, was made aware of the Trust's ownership of the Razzle Dazzle Herd before any attachment was effected. In line with the majority decision in Eight Kaya Sands, once the landlord becomes aware of third-party ownership prior to perfection, the basis for extending the hypothec is removed. There is no legal justification for the property of a third party to serve as security for the tenant's debt. The first respondent's counter-application for attachment failed, and he was ordered to deliver possession and control of the herd to the trustees, a…
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