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Civil Procedure [2017] ZAGPJHC 54

Mendelow Jacobs Attorneys v Mutupe (00453/2016)

Mendelow Jacobs Attorneys v Mutupe (00453/2016) [2017] ZAGPJHC 54 (6 March 2017)

Clause 5 of the acknowledgment of debt, which binds the debtor to a certificate of balance issued by the creditor, is void according to established precedent. While the principle of severability may allow the remainder of the acknowledgment to stand, the constitutional issue raised by the defendant is decisive. The defendant's defence, insisting on taxation by the Taxing Master and challenging a substantial invoice, cannot be properly adjudicated without oral evidence. Under the ratio of Twee Jonge Gezellen, the provisional sentence procedure is unconstitutional in circumstances where the def…

  • Provisional Sentence
  • Acknowledgment Of Debt
  • Certificate Of Balance
  • Severability
  • Constitutional Fair Hearing
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