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South Africa Case Law

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Commercial And Corporate [2016] ZAKZPHC 113

Liberty Group Ltd v Shaazura Investments CC and Another (7417/09)

Liberty Group Ltd v Shaazura Investments CC and Another (7417/09) [2016] ZAKZPHC 113 (15 September 2016)

The High Court held that a settlement document was in substance an acknowledgment of debt, enforceable despite Liberty’s missing signature.

  • Acknowledgment Of Debt
  • Contract Formation
  • Suretyship
  • Mora Creditoris
  • Commission Recovery
  • Acknowledgment-of-debt
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Commercial And Corporate [2015] ZAGPPHC 1135

Liberty Group Limited t/a Liberty Life v K and D Telemarketing CC and Others (75525/2010)

Liberty Group Limited t/a Liberty Life v K and D Telemarketing CC and Others (75525/2010) [2015] ZAGPPHC 1135 (4 September 2015)

The High Court granted absolution from the instance in a commission-recovery claim, finding the plaintiff’s computer-generated evidence admissible but insufficient.

  • Commission Recovery
  • Suretyship
  • Hearsay Evidence
  • Electronic Communications And Transactions Act
  • Long Term Insurance Act
  • Commission-recovery
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Civil Procedure [2014] ZAGPPHC 698

Liberty Life Group Trading as Liberty Life v Englezakis and Another (177/2011)

Liberty Life Group Trading as Liberty Life v Englezakis and Another (177/2011) [2014] ZAGPPHC 698 (10 September 2014)

The High Court granted joinder of a close corporation member as third defendant in a commission recovery claim, leaving the validity of deregistration for trial.

  • Joinder Of Parties
  • Close Corporations Act
  • Personal Liability Of Members
  • Commission Recovery
  • Broking Agreement
  • Joinder-of-parties
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Commercial And Corporate [2012] ZAGPJHC 278

Momentum Group Ltd v De Waal In re: Momentum v De Waal (9952/2012)

Momentum Group Ltd v De Waal In re: Momentum v De Waal (9952/2012) [2012] ZAGPJHC 278 (29 November 2012)

High Court held that the defendant’s plea disclosed arguable defences to a claim for repayment of advanced insurance commissions, so the exception was dismissed.

  • Commission Recovery
  • Contractual Interpretation
  • Implied Terms
  • Conventional Penalties Act
  • Public Policy
  • Long Term Insurance Regulations
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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.