South Africa Case Law

Eclipse Systems and Another v He & She Investments (Pty) Ltd; Tyremac Tyres & Tubes CC and Another v He & She Investments (Pty) Ltd (A294/19)

Eclipse Systems and Another v He & She Investments (Pty) Ltd; Tyremac Tyres & Tubes CC and Another v He & She Investments (Pty) Ltd (A294/19) [2020] ZAWCHC 96; 2020 (6) SA 497 (WCC) (4 September 2020)

Court

Western Cape High Court, Cape Town

Case number

A294/19

Judges

M Sher, A Le Grange, O Rogers

The court found that the appellants had set out a defence with sufficient particularity, including a prima facie defence of prescription in respect of certain transactions. The respondent's particulars of claim did not allege when it became aware of the identity of the appellants or the facts giving rise to the debts, and thus, on the face of it, some claims had prescribed. The court held that the issues of agency, attribution of knowledge, and the bona fides of the appellants' defence could not be finally determined on the papers and required ventilation at trial. The summary judgment proced…

Source excerpt

• Summary Judgment
• Prescription Act
• Company Director Liability
• Misappropriation Of Funds
• Agency And Attribution
• Bona Fide Defence

Uys and Another v Investgold Close Corporation (2011/45744)

Uys and Another v Investgold Close Corporation (2011/45744) [2013] ZAGPJHC 117 (3 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2011/45744

Judge

P Boruchowitz

The High Court held that Investgold failed to prove delivery of gold coins bought by the plaintiffs, and ordered delivery of the specified coins plus costs.

• Transfer Of Ownership
• Sale Of Goods
• Delivery Of Possession
• Agency And Attribution
• Fraudulent Misrepresentation
• Delivery-of-possession