Timothy James Searson and Simon David Searson and Brenda Carol Leeper and Couch Grass (PVT) Ltd v Samalyn Investments (PVT) Ltd and The Registrar of Deeds N.O. and The Master of the High Court N.O.

Key Issues

• {"issue_text":"Whether the applicants' application for registration of a caveat and urgent set down of rescission application meets the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Dilatory conduct of applicants, failure to comply with rules, previous dismissal of stay application"}
• {"issue_text":"Whether the application constitutes an abuse of court process","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants seeking same relief (stay of execution) under different guise after previous dismissal"}
• {"issue_text":"Whether the court can grant an interim interdict to prohibit lawful conduct (compliance with default judgment)","issue_type":"law","dispositive":"yes","related_facts":"Registrar complied with default judgment, applicants seek to interdict this"}

Background