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Raphaely and Another v Octagon Financial Services (Pty) Ltd (22/1508) [2022] ZAGPJHC 840 (24 October 2022)
The High Court dismissed an exception to particulars of claim, holding that the plaintiffs’ conditional alternative pleading was not vague or embarrassing.
Gulf Sheba Shipping Ltd v MV “F Elephant” and and Others (AC24/2011) [2011] ZAWCHC 493; 2012 (3) SA 633 (WCC) (7 April 2011)
The court held that the applicant's claim against GEC came into existence no later than the date of the conclusion of the side letter, and GEC remained the charterer until the charterparty was terminated. The phrase 'arose' in section 3(7) of the Admiralty Jurisdiction Regulation Act refers to the coming into existence of the claim, not its enforceability or quantification. The court further interpreted the phrase 'at any time' in section 3(7)(c) as having wide generality, supporting the applicant's contention that the deeming provision applies regardless of when the claim arose, and rejected…
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Lichtenburg Graan Trustrees (Edms) Bpk v PJ & ILM Boerdery (75/04) [2007] ZANWHC 1 (15 January 2007)
The court granted a final liquidation order against the respondent after finding LGT was a creditor, the debt was enforceable, and the respondent could not pay.
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