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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 94

266 Bree Street Johannesburg (Pty) Ltd and Others v TUHF Limited (39800/2020)

266 Bree Street Johannesburg (Pty) Ltd and Others v TUHF Limited (39800/2020) [2023] ZAGPJHC 94 (1 February 2023)

Court
South Gauteng High Court, Johannesburg
Case number
39800/2020
Judge
Senyatsi

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success and treating the appeal as largely academic in light of later business rescue developments.

  • Leave To Appeal
  • Cession Of Rental Income
  • Business Rescue
  • Enforcement Of Judgment
  • Leave-to-appeal
  • Cession-of-rental-income
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Commercial And Corporate [2022] ZAGPJHC 566

Tuhf Limited v Esselen Street Hillbrow CC and Others (44393/2020)

Tuhf Limited v Esselen Street Hillbrow CC and Others (44393/2020) [2022] ZAGPJHC 566 (12 August 2022)

Court
South Gauteng High Court, Johannesburg
Case number
44393/2020
Judge
Senyatsi

The High Court granted TUHF’s money judgment and related relief against the respondents, enforcing suretyships, default-based acceleration, and rental cession rights.

  • Suretyship
  • Breach Of Contract
  • Company Directors Liability
  • Mortgage Bond Enforcement
  • Cession Of Rental Income
  • Loan-agreement-default
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Commercial And Corporate [2018] ZASCA 163

Louis Pasteur Holdings (Pty) Ltd and Others v Absa Bank Limited and Others (1119/2017; 1120/2017)

Louis Pasteur Holdings (Pty) Ltd and Others v Absa Bank Limited and Others (1119/2017; 1120/2017) [2018] ZASCA 163; 2019 (3) SA 97 (SCA) (29 November 2018)

Court
Supreme Court of Appeal
Case number
1119/2017; 1120/2017
Judges
Navsa, Swain, Mathopo, Mocumie, Matojane

SCA held rental income ceded as security could not be used in business rescue without creditor consent unless it fully discharged the debt.

  • Business Rescue
  • Cession Of Rental Income
  • Companies Act 71 Of 2008
  • Liquidation
  • Rule 33 4 Separation
  • Security Interest
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.