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South Africa Case Law

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Civil Procedure [2018] ZANCHC 49

Hohne v Hohne and Another (603/2017)

Hohne v Hohne and Another (603/2017) [2018] ZANCHC 49 (8 June 2018)

Provisional sequestration application dismissed after the court found the alleged loan was a donation and the case was a collusive friendly sequestration.

  • Provisional Sequestration
  • Friendly Sequestration
  • Collusion
  • Advantage To Creditors
  • Onus Of Proof
  • Donation Vs Loan
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Civil Procedure [2016] ZAKZPHC 98

V.K and Another v R.N (10978/2012)

V.K and Another v R.N (10978/2012) [2016] ZAKZPHC 98 (11 October 2016)

The High Court found that payments made by the plaintiffs to or for the defendant were loans, not donations, and ordered repayment with interest and costs.

  • Loan Agreement
  • Donation Vs Loan
  • Burden Of Proof
  • Interest On Debt
  • Loan-agreement
  • Donation-vs-loan
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Civil Procedure [2009] ZAFSHC 49

Jepson NO v Lezar (6453/2007)

Jepson NO v Lezar (6453/2007) [2009] ZAFSHC 49 (9 April 2009)

High Court action over whether R300,000 paid to the defendant was a loan or a gift. The court found a binding loan agreement and ordered repayment with interest and costs.

  • Loan Agreement
  • Repudiation
  • Onus Of Proof
  • Hearsay Evidence
  • Contract Variation
  • Donation Vs Loan
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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.