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South Africa Case Law

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Admiralty And Maritime [2016] ZAKZDHC 23

MV 'PrivGulf' v ING Bank N.V and Others (A72/2015)

MV 'PrivGulf' v ING Bank N.V and Others (A72/2015) [2016] ZAKZDHC 23 (20 July 2016)

The court refused Sinopec’s joinder in an admiralty in rem action, but confirmed joinder of Great American Insurance Company because of competing payment claims.

  • Joinder Of Parties
  • Maritime Claims
  • Action In Rem
  • Assignment Of Claims
  • Conversion
  • Competing Jurisdictions
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Commercial And Corporate [2013] ZAGPJHC 393

Chipkin and Others v Mayborn Investments 24 (Pty) Ltd and Others (2013/10592)

Chipkin and Others v Mayborn Investments 24 (Pty) Ltd and Others (2013/10592) [2013] ZAGPJHC 393 (6 December 2013)

The court held that a trust’s payment was the purchase price for cession of the lender’s rights, not discharge of the debt, and set aside an irregular third-party notice.

  • Suretyship
  • Assignment Of Claims
  • Joinder Of Parties
  • Parol Evidence Rule
  • Merger And Confusio
  • Cession-of-claims
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Commercial And Corporate [1988] ZASCA 97

Sasfin (Pty) Ltd v Suid-Afrikaanse Vervoerdienste (Transmed) (155/87)

Sasfin (Pty) Ltd v Suid-Afrikaanse Vervoerdienste (Transmed) (155/87) [1988] ZASCA 97 (19 September 1988)

The court held that the respondent could not rely on a new, unpleaded ground in the appeal and set aside the lower court’s reasoning on that basis.

  • Assignment Of Claims
  • Contra Bonos Mores
  • Standing To Sue
  • Assignment-of-claims
  • Pleadings
  • Standing-to-sue
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.