Keyter N.O. v Van Der Muelen N.O. and Another (2906/2013)
Keyter N.O. v Van Der Muelen N.O. and Another (2906/2013) [2014] ZAECGHC 28; 2014 (5) SA 215 (ECG) (6 May 2014)
The court found that all requirements for lis alibi pendens were met, but justice, equity, and the balance of convenience favoured determining the application rather than staying it. The tender to deliver the sheep was binding and not inchoate, as subsequent negotiations to vary its terms were unsuccessful and did not affect the original tender. The court held that an executor of a deceased estate may validly cede rights vested in the estate to another executor or third party, relying on direct authority and legal commentary. The respondent, being in possession of the sheep and having tendere…
Source excerpt
- Lis Alibi Pendens
- Cession By Executor
- Delivery Of Property
- Costs Order