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Civil Procedure [2024] ZAKZDHC 55

Naidoo (formerly Padayachee) v Changing Tides 17 (Pty) Ltd NO and Others (1885/2009)

Naidoo (formerly Padayachee) v Changing Tides 17 (Pty) Ltd NO and Others (1885/2009) [2024] ZAKZDHC 55 (23 August 2024)

The court found that the applicant's payment of arrears and subsequent conduct of both parties resulted in the reinstatement of the credit agreement, extinguishing the cause of action for the original summons and default judgment. The first respondent's reliance on the 2013 default judgment for execution in 2021 was improper, as the debt had been discharged and the agreement reinstated. The sale in execution and transfer to the second respondent were declared invalid, and the title deed was ordered to be reinstated in the applicant's name. The second respondent, as an innocent purchaser, was…

  • Sale In Execution
  • Reinstatement Of Credit Agreement
  • Uniform Rule 46a
  • Right To Housing
  • Default Judgment
  • Transfer And Title Deed
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