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Civil Procedure [2013] ZAFSHC 122

Sherrif Bloemfontein-East v Gainsford and Others (1009/2009)

Sherrif Bloemfontein-East v Gainsford and Others (1009/2009) [2013] ZAFSHC 122 (4 July 2013)

The court found that a usufruct, as a personal servitude, is inalienable and inseparably attached to the usufructuary. It cannot be executed against or sold in execution except with the collaboration of the bare dominium owner or in specific circumstances provided by statute. The joint claimants failed to disclose a valid cause of action for execution against the usufruct itself, as the law only allows execution against the use and enjoyment of the benefits, not the right of usufruct. The Trust's claim, relating to the alienable use and enjoyment of the benefits, is legally recognisable and e…

  • Interpleader Proceedings
  • Usufruct Personal Servitude
  • Attachment And Execution
  • Deeds Registries Act
  • Alienability Of Real Rights
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