Pangbourne Properties Ltd and Another v Your Life (Pty) Ltd and Another (2010/17427) [2013] ZAGPJHC 230; [2013] 4 All SA 719 (GSJ) (3 September 2013)

Pangbourne Properties Ltd and Another v Your Life (Pty) Ltd and Another (2010/17427) [2013] ZAGPJHC 230; [2013] 4 All SA 719 (GSJ) (3 September 2013)

The court found that at the time the first plaintiff instituted action, its right to payment was ceded to its banker and did not vest in it, and subsequently was ceded to the second plaintiff. The second plaintiff, at the time of joinder, had its rights ceded to its banker, but a retrospective re-cession from the bank vested the claims in the second plaintiff from a date prior to joinder. The court exercised its discretion to allow the second plaintiff to proceed with the claims against the second defendant, as no prejudice was suffered by the defendant and the debt always vested in someone. The first plaintiff currently has no rights to enforce, and the second plaintiff is entitled to...

Citation
[2013] ZAGPJHC 230
Parties
Plaintiff: Pangbourne Properties Ltd; Plaintiff: Fortress Income 3 (Pty) Ltd; Defendant: Your Life (Pty) Ltd; Defendant: J.H. Woolf
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 September 2013
Case Number
2010/17427
Procedural Posture
Civil Trial / Ruling on Locus Standi and Cession Issues; Action Against First Defendant Postponed; Action Proceeds Against Second Defendant
Outcome
Action against the first defendant postponed sine die; first and second plaintiffs' actions against the second defendant postponed sine die; costs awarded against the plaintiffs.
Judges
C Lamont
Legal Topics
Cession of Claims, Locus Standi, Lease Agreements, Arrear Rental, Damages for Holding Over
Land and Property Civil Procedure Cession of Claims Locus Standi Lease Agreements Arrear Rental Damages for Holding Over

Case Brief

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Parties

Pangbourne Properties Ltd

Plaintiff

Fortress Income 3 (Pty) Ltd

Plaintiff

Your Life (Pty) Ltd

Defendant

J.H. Woolf

Defendant

Procedural Posture

Civil Trial / Ruling on Locus Standi and Cession Issues; Action Against First Defendant Postponed; Action Proceeds Against Second Defendant

Legal Issues

  1. 1 Whether the plaintiffs had a cause of action against the second defendant at the time of institution of action.
  2. 2 Whether the cession of claims to bankers deprived the plaintiffs of locus standi.
  3. 3 Whether retrospective re-cession entitled the second plaintiff to proceed with the claims.

Ratio Decidendi

The court found that at the time the first plaintiff instituted action, its right to payment was ceded to its banker and did not vest in it, and subsequently was ceded to the second plaintiff. The second plaintiff, at the time of joinder, had its rights ceded to its banker, but a retrospective re-cession from the bank vested the claims in the second plaintiff from a date prior to joinder. The court exercised its discretion to allow the second plaintiff to proceed with the claims against the second defendant, as no prejudice was suffered by the defendant and the debt always vested in someone. The first plaintiff currently has no rights to enforce, and the second plaintiff is entitled to...

Court Disposition

Action against the first defendant postponed sine die; first and second plaintiffs' actions against the second defendant postponed sine die; costs awarded against the plaintiffs.

Orders

  • The action against the first defendant is postponed sine die.
  • The costs of that action are reserved.