Naidoo and Another v Chetty and Others (6546/06)
Naidoo and Another v Chetty and Others (6546/06) [2010] ZAKZPHC 104 (3 December 2010)
The court found that the notice of attachment was competent as the property was still held under one deed of transfer and the description matched the deeds registry. The subdivision had not yet resulted in separate registration, so the property remained attachable. However, section 22 of the Alienation of Land Act was interpreted to protect the appellants, as they had acted in good faith and met the statutory requirements for transfer, including providing security for the purchase price and costs. The court distinguished Dream Supreme Properties 11 CC, noting that the appellants' personal rig…
Source excerpt
- Alienation Of Land Act
- Attachment Of Immovable Property
- Personal Vs Real Rights
- Registrability Of Subdivisions
- Sale In Execution
- Prejudice To Creditors