Unexecuted contract or merely a stay of execution? : Warricker NO & Another v Senekal

Abstract

The judgment in Warricker NO & Another v Senekal (2008 JOL 21161 (W); 2007 JDR 1190 (W)) deals, among other things, with the treatment of unexecuted (unperformed) contracts of sales in execution of immovable property of a judgment debtor by the sheriff subsequent to the sequestration of the judgment debtor's estate. Since the facts agreed upon by the parties are not comprehensively reported, some had to be obtained from an enquiry at the Deeds Registry. (See in general M Kelly 'Proceeding with Transfer Where an Execution Sale Took Place Prior to Sequestration or Liquidation' (2000) 12 SA Merc LJ 369 for a discussion of the relevant case law prior to Warricker v Senekal (supra).)