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Keyter N.O. v Van Der Muelen N.O. and Another (2906/2013) [2014] ZAECGHC 28

Keyter N.O. v Van Der Muelen N.O. and Another (2906/2013) [2014] ZAECGHC 28

13th May 2014

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Application to compel executor of deceased estate A to deliver flock of sheep to executor of deceased estate B, executor of deceased estate C having ceded right to delivery to executor of deceased estate B – application brought after executor of deceased estate A tendered ‘furnishing’ sheep – action pending in respect of delivery of sheep – lis alibi pendens – requirements met but justice and equity and balance of convenience favouring application being determined – validity of cession – held that executor of deceased estate may cede rights – application succeeded with costs.

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