Shaw v Devshi and Co. (C.C. No. 8/1936)
Shaw v Devshi and Co. (C.C. No. 8/1936) [1936] EACA 149 (1 January 1936)
The court held that machinery and fixtures attached to land for its permanent improvement and beneficial enjoyment constitute part of the immovable property and are included in the security of a chargee. Such fixtures cannot be attached and sold as movable assets in execution of a decree; they must be treated as part of the land. However, upon the discharge of the charge and sale of the land, the chargee's rights over the fixtures are extinguished. The plaintiff's rights as chargee ceased when the charges were discharged and he purchased the land excluding the fixtures. Furthermore, the plain…
Source excerpt
- Charges On Land
- Fixtures And Immovable Property
- Attachment Procedure
- Mortgagee Rights
- Execution Of Decrees