Katshwa and others v Cape Town Community Housing Co (Pty) Ltd and four similar cases 2014(2) SA 128 (WCC) It is compulsory, when concluding an instalment sale agreement in respect of land, that the contract is recorded by the Registrar of Deeds against the property's title deed. Failure to so do (temporarily) obliterates the seller's right to receive any payments and defaulting purchasers are practically not considered to be 'in arrears'. Although the State is exempt from the recordal obligation, the Court in this matter held that the Cape Town Community Housing Company's claims against the 'defaulting' purchasers had to fail as it could not rely on the exemption. It acted as agent, performing some of the State's functions on its behalf, but was not an organ of the State as meant in the exemption. read more Summary of the Judgment
PRIOR EXECUTION SALE UPHELD DESPITE LATER INSOLVENCY VESTING ESTATE IN TRUSTEES Deoraj and Another v Maharaj N.O. and Others (1041/2014) [2014] ZAKZDHC 2 (28 February 2014) Sequestration brings about the vesting of the insolvent's estate in the trustees of the estate. This includes immovable property sold in execution to a third party but not yet transferred at the date of sequestration. This judgment illustrates an instance where a discretion exists in the hands of the Court to order that the prior execution sale to a third party proceeds, despite subsequent sequestration of the debtor and is a valuable instruction on the considerations involved. read more The Judgment Summary of the Judgment