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South Africa Case Law

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Civil Procedure [2004] ZAECHC 19

Shoprite Checkers Ltd t/a Megasave v Khan and another (ECJ 2004/007)

Shoprite Checkers Ltd t/a Megasave v Khan and another (ECJ 2004/007) [2004] ZAECHC 19 (8 July 2004)

Court
High Courts - Eastern Cape
Case number
ECJ 2004/007
Judges
Erasmus, Plasket, Dambuza

Full bench appeal on execution sale conditions. The court held clause 20, requiring bondholder consent after auction, conflicted with Rule 46 and was invalid.

  • Sales In Execution
  • Uniform Rules Of Court Rule 46
  • Suspensive Conditions
  • Contract Severability
  • Public Auction Procedure
  • Sales-in-execution
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.