Assetline South Africa (Pty) Ltd v Manhattan Delux Properties (Pty) Ltd and Others (30996/19)
Assetline South Africa (Pty) Ltd v Manhattan Delux Properties (Pty) Ltd and Others (30996/19) [2020] ZAGPJHC 97 (10 May 2020)
The court found that the defence of lis pendens was inapplicable as the parties, causes of action, and subject matter in the pending litigation were not identical to the present application. Assetline's claim arose from a loan agreement and mortgage bond, whereas the other litigation concerned a sale agreement. The requirements of Rule 46 and Rule 46A were satisfied; the property was owned by a juristic person, and there was no credible evidence that it was the primary residence of any respondent. Even if Rule 46A applied, the respondents failed to provide substantiated evidence that executio…
Source excerpt
- Special Executability
- Suretyship Liability
- Lis Pendens
- Rule 46 And 46a
- National Credit Act
- Reserve Price In Execution