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Bella Rosa Investment Holdings v Silver Falcon Trading 84 CC (18681/2015) [2016] ZAWCHC 91 (28 July 2016)
Leave to appeal was granted only against the hypothec and costs orders, subject to R125,000 security; the eviction order challenge was dismissed.
Ensemble Hotel Holdings (Pty) Ltd v Identity Development Fund (Pty) Limited and Another; InRe: Identity Development Fund (Pty) Limited v Greennovate Counsulting And projects Primary Co-operative Limited (25501/2014) [2014] ZAGPJHC 312 (4 November 2014)
The court found that Ensemble Hotel Holdings (Pty) Ltd had a sufficient legal interest in the subject matter of the perfection order, as its residual rights under the landlord's tacit hypothec could be affected by the removal of goods from the premises. The perfection order was erroneously sought and granted to Identity Development Fund (Pty) Ltd, which was not the correct party, as the notarial bond was registered in favour of Isivande. The error in citation was not a mere technicality and could not be cured by amendment, especially where third-party interests were involved. In terms of Rule…
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