Geovy Villa judgment

MS Navsa JA held that the relationship between s 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 and s 66(2) of the Magistrates' Courts Act 32 of 1944 means that a judgment creditor's claim for arrear levies and related costs in respect of a dwelling unit in a sectional title development is not preferent to the claim of the holder of a mortgage bond.

What this means is that a body corporate may not sell a unit in execution until a bondholder consents to the sale, or it can cancel the sale if the price fails to cover the outstanding bond.

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