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Alisop v Payet (CS 256/1998) [2000] SCSC 5 (24 May 2000)
The court dismissed most of the plaintiff’s claim on a cheque, finding cash payment was proved on balance. The defendant still had to pay the admitted R6,000 plus interest.
Durup v Adam & Anor (CS 346/1997) [1998] SCSC 2 (6 February 1998)
Oral evidence to establish payment of R35,000 for the purchase of the house is admissible because the close familial relationship and circumstances created a moral impossibility for the plaintiff to obtain written proof, rendering article 1341 inapplicable under article 1348.
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