|Case No.||Lower Court Judgments||Hearing Date|
|CCT 93/14||Eastern Cape Division, Grahamstown 7 Feb. 2013||10 Nov. 2014|
By Duncan Wild on 1 November 2014
The applicant in this case, Ms Virginia Sarrahwitz seeks a declaration of unconstitutionality of the common law position that immovable property which had been sold but not yet transferred to the purchaser prior to the seller’s insolvency, vests in the trustee of the seller’s insolvent estate. If the trustee does not honour the contract of sale and transfer the property, the purchaser is left only with a concurrent claim against the insolvent estate.