Frikkie Pretorius Inc. and Another v Glass (AR528/09)
Frikkie Pretorius Inc. and Another v Glass (AR528/09) [2010] ZAKZPHC 42; 2011 (2) SA 407 (KZP) (26 April 2010)
The court found that the garnishee order issued by the Newcastle Magistrates’ Court was invalid, as it was made against the wrong person and was never properly executed. The respondent was entitled to immediate payment of his half share of the proceeds from the sale of the immovable property held in the first appellant’s trust account, as he was a trust creditor of the first appellant. The second appellant was not liable to the respondent, as the funds transferred to its trust account were held for Mrs Glass, not the respondent, and no demands for payment were made to the second appellant. Th…
Source excerpt
- Trust Account Liability
- Garnishee Order
- Maintenance Act
- Attorneys Duties
- Co Ownership
- Interest On Judgment Debt