South Africa Case Law

Enforced Investment (Pty) Ltd and Others v Verifika Incorporated and Another (599/2021)

Enforced Investment (Pty) Ltd and Others v Verifika Incorporated and Another (599/2021) [2023] ZASCA 5 (25 January 2023)

Court

Supreme Court of Appeal

Case number

599/2021

Judges

Ponnan, Makgoka, Gorven, Nhlangulela, Salie

The Supreme Court of Appeal held that a valid demand under a loan agreement triggered default, allowing acceleration of debt and perfection of security without further notice.

• Loan Agreement Enforcement
• Security Perfection
• Acceleration Clause
• Breach Notice Requirements
• Costs Order
• Company Liquidation

Dongwe NO v Kinghorn NO and Another (16773/08)

Dongwe NO v Kinghorn NO and Another (16773/08) [2009] ZAKZPHC 71 (3 December 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16773/08

Judge

Stewart

The court held that the plaintiff's claim for damages had not prescribed because, under section 13(2) of the Prescription Act, her claim for transfer could not prescribe before the defendants' reciprocal claim for payment of the balance of the purchase price prescribed. The last instalment was due on 31 October 2005, so prescription would only run from 30 October 2008. The defendants' repudiation by transferring the property to a third party occurred before this date, giving rise to a fresh claim for cancellation and damages. The breach notice issued by the defendants failed to comply with se…

Source excerpt

• Alienation Of Land Act
• Prescription
• Breach Notice Requirements
• Damages For Breach
• Reciprocal Obligations