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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 619

E.M.V v C(...) (Pty) Ltd and Another (21010/2016)

E.M.V v C(...) (Pty) Ltd and Another (21010/2016) [2023] ZAGPJHC 619 (2 June 2023)

Court
South Gauteng High Court, Johannesburg
Case number
21010/2016
Judge
Turner

The court found that the defendant made out a case for joinder of Mr V as a third party after the close of pleadings. The Prescription Act does not bar the claim for contribution or indemnification at this stage, as the defendant does not have an independent claim for a debt against Mr V; the claim arises only if she is found liable to the plaintiff. The allegations in the third-party notice, if proven, would establish that all funds claimed from the defendant were withdrawn with Mr V's consent and for his benefit, thus disclosing a cause of action for contribution. The defendant provided a s…

Source excerpt

  • Joinder Of Third Party
  • Uniform Rule 13
  • Prescription Act
  • Contribution And Indemnification
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Commercial And Corporate [2020] ZAGPJHC 237

Sasfin Bank Limited v Amoils and Another (1120/2019)

Sasfin Bank Limited v Amoils and Another (1120/2019) [2020] ZAGPJHC 237 (30 September 2020)

Court
South Gauteng High Court, Johannesburg
Case number
1120/2019
Judge
I Opperman

The court held that the common law position, as confirmed in Pickitup, is that joint wrongdoers are ordinarily entitled to recover a contribution from their fellow joint wrongdoers unless there is deliberate malfeasance. The Companies Act does not exclude this remedy, and section 218(3) expressly preserves common law rights. The third party, as a co-director, could be held liable for a portion of any judgment against the defendants. The claim for a monetary judgment is premature, but a declaratory order is competent. The third party notice contains sufficient allegations, and further particul…

Source excerpt

  • Companies Act Liability
  • Joint Wrongdoers
  • Contribution And Indemnification
  • Business Rescue
  • Director Duties
  • Exception Procedure
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.