Davis v Benson [1913] ZAWLD 4 (3 April 1913)

Execution - Writ - Action against company - Company liquidated prior to judgment - Company awarded costs - Cession of judgment - Writ in name of company

A company went into liquidation after the issue of a summons against it. The action proceeded in the name of the company, and judgment was given for the company with costs. The liquidators of the company then ceded their right to the judgment with power to use their name in recovering the amount thereof. A writ was then issued by the cedent calling upon the debtor to pay to the company the amount of the judgment.

Held, that the writ having been issued in the name of the company was good.