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Civil Procedure [2020] ZAKZDHC 14

Ameropa Commodities (Pty) Limited v Benchimol N.O and Others (D2873/2019)

Ameropa Commodities (Pty) Limited v Benchimol N.O and Others (D2873/2019) [2020] ZAKZDHC 14 (5 June 2020)

The court held that the Registrar of Deeds does not have a direct and substantial interest in the matter and need not be joined, as the order sought does not itself set aside the transfer but declares the alienation fraudulent. The plaintiff was not required to attach the sale agreement, as the cause of action is the alienation of the property in fraud of creditors, and the requirements of the actio Pauliana were properly pleaded. The plaintiff, as a concurrent creditor, has locus standi to invoke the actio Pauliana, seeking restoration of the property to the insolvent estate. The exception w…

  • Actio Pauliana
  • Fraudulent Alienation
  • Non Joinder
  • Locus Standi
  • Deeds Registries Act
  • Creditor Remedies
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