Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 15 – 2016

SALE VOID WITHOUT SIGNATURE OF ALL THE LIQUIDATORS

Shanmugam v Peter N.O and Others (11638/2015) [2016] ZAKZDHC 16 (20 April 2016)

Where liquidators of a close corporation sell immovable property of the entity, it is necessary that each one signs the agreement or gives permission to another to sign on his behalf, failing which the agreement is rendered void. This is because a liquidator is in the same position as a duly authorised functionary and member of the close corporation and his or her actions are those of the close corporation.

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The Judgment
Summary of the Judgment

 

TOUGH TIMES AND HANGING IN THERE

Kratshi v Absa Bank Limited and Others (39859/2015) [2016] ZAGPPHC 221 (15 April 2016)

This judgment offers a valuable lesson to debtors who fall behind with bond repayments in difficult times. What is notable is that the court assisted the debtor, at least temporarily, where she could show that, during the hard times, she regularly maintained instalments on the loan account, although in a lesser amount; kept in contact with the bank; and could provide an alternative mechanism with which to bring the account back up to date.

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The Judgment
Summary of the Judgment

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