Farmsecure Grains (Edms) Bpk v Du Toit en Ander (2382/2012)
Farmsecure Grains (Edms) Bpk v Du Toit en Ander (2382/2012) [2012] ZAFSHC 178; 2013 (1) SA 462 (FB) (20 September 2012)
The court found that the applicant, as holder of a special notarial bond, has a real right over the specified movable property and may enforce this right without prior demand or request, unless the bond or contract expressly requires such notice. The interim order only authorised attachment by the sheriff and did not require removal or handover, aligning with the applicant's undertaking to maintain control without removal. The court distinguished the present case from those involving general notarial bonds, where a request or demand may be necessary. However, the court was not persuaded that…
Source excerpt
- Special Notarial Bond
- Possessionless Pledge
- Specific Performance
- Security By Means Of Movable Property Act