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Citation
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Judgment date
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| April 2007 |
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Trustee sold insolvent’s house without required creditor or Master approval; sale set aside and trustee ordered to pay costs.
Insolvency law – trustee’s powers – sale of insolvent’s property – requirement of creditor and Assistant Master approval (s96 Insolvency Act) – ultra vires acts – improper conduct attracts costs.
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25 April 2007 |
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Post-transfer challenges to sales in execution fail absent proof of fraud, bad faith, or purchaser’s knowledge; purchaser held bona fide.
Execution sales – confirmation and transfer – post-transfer challenges require proof of fraud, bad faith or purchaser’s knowledge of defects; bona fide purchaser for value; application of High Court Rules 347(3) and 348; costs on attorney-and-client scale.
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25 April 2007 |
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Leave to execute pending appeal granted where late rescission and apparent dilatory appeal showed abuse of process.
Civil procedure — Execution pending appeal — Leave to execute where rescission application was filed out of time without condonation — Notice of appeal as potential abuse of process — Balance of convenience in monetary claims.
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25 April 2007 |
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Whether acknowledgments interrupted prescription and whether a seller lawfully cancelled an instalment sale of land.
Prescription – section 18(1) Prescription Act – express and tacit acknowledgments interrupting prescription; Instalment sale of land – Contractual Penalties Act – section 2, section 3 and section 8 notice requirements; Mora and lawful cancellation – requirement of clear notice and opportunity to remedy; Validity of early tender of instalment.
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11 April 2007 |
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Court awards marital home to defendant, lump‑sum for company interest, grants custody to defendant and divides assets for a clean break.
Family law – division of matrimonial property under Matrimonial Causes Act – court discretion and clean break principle; corporate veil and marital asset valuation – separate company but value taken into account; credibility of witnesses and conduct of spouse (adultery, non‑disclosure) relevant to apportionment; child custody and maintenance.
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4 April 2007 |
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Application to rescind default ejectment dismissed: no acceptable explanation for default and no prima facie legal defence.
Civil procedure — rescission of default judgment — requirement of reasonable explanation for default and bona fide defence with prospect of success; solicitor's negligence not an automatic excuse; ownership proved by deeds registration; executor's powers under section 120 Administration of Estates Act.
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4 April 2007 |
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Whether the sale agreement was mutually cancelled; court referred the factual dispute to trial.
Contract of sale – alleged mutual cancellation after oral meeting – material disputes of fact – credibility to be determined at trial – referral to trial with founding and opposing papers to stand as summons and plea – costs in the cause.
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4 April 2007 |