Begere v Tecmed Africa (Pty) Ltd (38869/2018)
Begere v Tecmed Africa (Pty) Ltd (38869/2018) [2021] ZAGPPHC 15 (19 January 2021)
The court found that, on the respondent's own version, the conditions for repayment of the loans—full payment by the customer and affordability—were met. The respondent conceded that the customer account was settled in full and failed to provide any substantive evidence of inability to pay. However, the respondent raised a defence of set-off based on alleged non-disclosure of liabilities and cession of claims, which created genuine disputes of fact. Applying the Plascon-Evans rule, the court held that final relief could not be granted on motion proceedings where material disputes of fact exis…
Source excerpt
- Loan Agreements
- Set Off
- Shareholder Disputes
- Commercial Contracts
- Dispute Of Fact
- Referral To Trial