Bethlehem and Others v Zwiegers and Another (43334/2018)
Bethlehem and Others v Zwiegers and Another (43334/2018) [2020] ZAGPJHC 112 (7 May 2020)
The court found that the applicants, having acquired the property at a sale in execution and complied with all conditions of sale, became the 'persons in charge' entitled to possession prior to registration of ownership. The respondent's claim that the property was res litigiosa failed, as the doctrine does not prevent transfer but only subjects the transferee's rights to the outcome of pending litigation. The respondent's improvement lien defence was rejected because he was not in possession of the property when improvements were made, a prerequisite for asserting such a lien. Furthermore, t…
Source excerpt
- Eviction Under Pie Act
- Res Litigiosa
- Improvement Lien
- Standing Of Person In Charge
- Enrichment Claims