Luna Estates (Pvt) Ltd v Divine Aid Trust Company t/a DATCO and The Registrar of Deeds N.O

Key Issues

• {"issue_text":"Whether a managing director has automatic authority to depose to affidavits on behalf of company","issue_type":"procedural","dispositive":"no","related_facts":"Managing Director deposed affidavit without prior board resolution"}
• {"issue_text":"Whether retrospective authority by board resolution validates earlier affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Board resolution passed after affidavit was deposed"}
• {"issue_text":"Whether service at domicilium citandi was proper when applicant no longer operated there","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant changed address but gave no notice"}
• {"issue_text":"Whether arbitration clause applied to caveat application","issue_type":"law","dispositive":"no","related_facts":"First respondent applied to register caveat without arbitration"}
• {"issue_text":"Whether default judgment was erroneously granted under Rule 449(1)(a)","issue_type":"mixed","dispositive":"yes","related_facts":"All grounds raised by applicant"}

Background