Greyling v Baker [1914] ZATPD 125 (10 December 1914)

Public Welfare and Moratorium Act, 1914, sec. 5 Debtor soivent~
but unable to pay owing to war.-Relief.-Security.

Where a debtor is really solvent and under ordinary circumstances would be able to discharge his liabilities in the ordinary way but cannot do so owing to the war, the Court should grant him relief under the Public Welfare and Moratoi-
ium Act, 1914. A debtor's assets were valued at about £1,200 and his liabilities at about £400, which included a judgment on a bond for £260 with interest and costs. Owing to the war the judgment could not be satisfied without sacrificing practically
all the debtor's assets. On application, the Court granted him relief under the Public Welfare and Moratorium Act, 1914, interdicted him from selling his property without satisfying the judgment and granted the judgment creditor leave to execute against the debtor's movables, in the event of other creditors anticipating him.