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Van Heerden and Another v MT Earthmoving CC and Others (CIV APP FB20/2023) [2025] ZANWHC 3; [2025] 1 All SA 822 (NWM) (6 January 2025)
High Court appeal over loan repayment, set-off and third-party payment instructions dismissed with costs.
Van Heerden and Another v MT Earthmoving CC and Others (2140/2020) [2023] ZANWHC 99 (30 June 2023)
The court found that the defendants made payments as directed by the first plaintiff into various accounts, including those of third parties, which the first plaintiff nominated. The evidence showed that the plaintiffs accepted these payments and that the transfer of the truck and trailer, as well as the payment for transportation of the loader, were accepted as settlement of the loan. The joint venture agreements provided for payment from profits, but no profits were realised, and thus no further payments were due under those agreements. The defendants discharged their obligations under the…
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