Ward and Others v Key Lettings (Pty) Ltd (2022/3751)
Ward and Others v Key Lettings (Pty) Ltd (2022/3751) [2023] ZAGPJHC 1302 (14 November 2023)
The court found that Dr Ward and the other applicants lacked locus standi to challenge the transfer of the property, as Dr Ward was only a shareholder and not a director at the relevant time, and did not obtain trustee consent as an unrehabilitated insolvent. The counter application was procedurally defective, with necessary parties not joined and amendments not properly made. Existing court orders, including interdicts and orders for transfer, remain unchallenged and preclude the applicants' claims. The PIE Act requirements for eviction were met, with Key Lettings as the registered owner and…
Source excerpt
- Eviction Under Pie Act
- Locus Standi
- Fraudulent Transfer Of Property
- Proper Plaintiff Rule