Section 42: Persons incapable of purchase
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
42. Persons incapable of purchase
(1) No purchase of immovable property at a sale by the Master shall, either personally or through a third party, be made by—
(a) the Master, or any officer or clerk of his office, unless specially
authorised to do so by the Attorney-General;
(b) the execution debtor;
(c) the guardian or curator of the execution debtor;
(d) the attorney who has the carriage of the sale; or
(e) a person known to be insolvent.
(2) A bidding, outbidding or purchase made by or on behalf of a person
specified in subsection (1) shall—
(a) be null and void; and
S3 – 13 [Issue 10]
Sale of Immovable Property Act
(b) render the party making the bidding and any third party on
whose behalf the bidding has been made, liable to an action in
damages, at the suit of an interested party.
Ask juris about this section Official source
Questions this section answers
- Can the Master or a court officer buy my property at the auction?
- Am I, as the debtor, allowed to buy back my own property at the sale?
- What happens if someone who isn't allowed to buy still wins the bidding?