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South Africa decisions
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Momentum Metropolitan Life Limited v Lakhoo (AR188/2023; 30823/2019) [2025] ZAKZPHC 12 (7 February 2025)
The High Court upheld an appeal, holding that the National Credit Act did not apply to an acknowledgment of debt arising from commission clawbacks.
Liberty Group Limited t/a Liberty Life v Makgotla and Another (43579/13) [2018] ZAGPPHC 625 (25 January 2018)
The court found that all facts necessary for the plaintiff to institute action were available by 7 May 2009, when the plaintiff elected to recover the overpaid commission. The ongoing movement of commission balances did not prevent prescription from running, as the cause of action was complete at that time. The deregistration of the close corporation was confirmed in May 2013, but this did not affect the running of prescription. The defendant's special plea of prescription was upheld, and the plaintiff's claim was dismissed with costs.
Source excerpt
Panagiotopoulos v Liberty Group Ltd (3955/2011) [2014] ZAGPPHC 229 (25 April 2014)
The court ordered Liberty Group Ltd to provide further and better particulars for trial, rejecting reliance on the applicant’s insurance expertise and confidentiality objections.
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