Stenhop Investments (Pvt) Ltd v Blessing Mukoko and Registrar of Deeds

Key Issues

• {"issue_text":"Whether application for caveat is properly before court given non-joinder of co-owner","issue_type":"procedural","dispositive":"no","related_facts":"Property co-owned with Olivia Mukoko; Rule 87 on misjoinder"}
• {"issue_text":"Whether debt against principal debtor has prescribed","issue_type":"mixed","dispositive":"no","related_facts":"Summons issued 24 May 2017; trade agreement 2013-2014; payment due 30 days after delivery"}
• {"issue_text":"Whether applicant can pursue surety before principal debtor","issue_type":"law","dispositive":"no","related_facts":"Company under judicial management; surety co-principal debtor"}
• {"issue_text":"Whether applicant has caveatable interest in the property","issue_type":"law","dispositive":"yes","related_facts":"Title deeds pledged as security; pending summons for debt"}
• {"issue_text":"Whether caveat can be placed over entire co-owned property","issue_type":"law","dispositive":"no","related_facts":"Co-owner not joined; undivided half share"}

Background