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Civil Procedure [2006] ZANWHC 52

Van Tonder v Nurcha Finance Company (Pty) Ltd (1525/04)

Van Tonder v Nurcha Finance Company (Pty) Ltd (1525/04) [2006] ZANWHC 52 (24 August 2006)

The court found that there was no evidence that the partnership had been dissolved or that the joint venture ceased to exist before the cession in favour of the applicant was signed. The evidence indicated that the partnership existed throughout and that its members had authority to act on its behalf. The change in membership did not create a new entity nor affect the rights of third parties. The court held that the respondent's rights as a third party were not affected by any change in the partnership's membership. The application for leave to appeal was dismissed as there were no prospects…

  • Partnership Dissolution
  • Citation Of Partnership
  • Cause Of Action Accrual
  • Costs Award
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