Coetzer v Quad Ostrich Farming (Pty) Ltd (3052/2020)
Coetzer v Quad Ostrich Farming (Pty) Ltd (3052/2020) [2020] ZAFSHC 190 (14 October 2020)
The court held that, although the notarial bond and agreement to perfect conferred rights on the applicant, judicial sanction was required to avoid any challenge based on invalidity or unconstitutionality, particularly in light of the respondent's refusal to cooperate and the imminent sale of the property by a third-party creditor. The applicant's approach to court was justified by the respondent's conduct and the risk of prejudice. The rule nisi previously granted was confirmed, with a minor amendment to the referenced annexure, as the applicant had properly made out a case for urgent relief…
Source excerpt
- Notarial Bond Perfection
- Security By Means Of Movable Property Act
- Parate Execution
- Urgent Interdict
- Real Rights In Movable Property