Green NO and Others v Aquaride Entertainment CC t/a Vista Marina (11141; 15887/2018)
Green NO and Others v Aquaride Entertainment CC t/a Vista Marina (11141; 15887/2018) [2018] ZAWCHC 145 (8 November 2018)
The applicants, as trustees of the Two Oceans Aquarium Trust, were entitled to final perfection of the general notarial bond over the respondent's movable property and to ejectment of the respondent from the leased premises. The respondent's defences lacked merit. Urgency is inherent in perfection proceedings, and the respondent's challenge on this ground was ill-advised. The deponent's authority was not in issue, and any challenge to attorneys' authority was not properly raised. Discrepancies between the registered bond and the draft were superficial and permitted by the power of attorney. T…
Source excerpt
- Perfection Of Notarial Bond
- Ejectment
- Lease Termination
- National Credit Act Exclusion
- Lis Alibi Pendens
- Arbitration Clause Exclusion