Standard Bank of SA Ltd v GH Loubser Boerdery CC (1062/2012)
Standard Bank of SA Ltd v GH Loubser Boerdery CC (1062/2012) [2012] ZAFSHC 182 (10 August 2012)
The court found that the applicant had established a prima facie case that the respondent was indebted under the various agreements, as evidenced by the certificates of balance. The notarial bond provided security over forty-five dairy cows, but the description lacked specific identifiers, making it difficult to distinguish the cows from others. Nevertheless, the bond covered all movable assets, and the applicant was entitled to perfect its security by taking possession. The bond did not require the applicant to first demand delivery before approaching the court; such a request was merely one…
Source excerpt
- Notarial Bond Perfection
- Security Rights
- Certificate Of Balance
- Movable Property Hypothecation
- Attorney And Client Costs