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South Africa Case Law

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Commercial And Corporate [2022] ZAGPPHC 976

Strydom N.N.O and Others v Africum Commodities (Pty) Ltd and Others (7817/2017)

Strydom N.N.O and Others v Africum Commodities (Pty) Ltd and Others (7817/2017) [2022] ZAGPPHC 976 (7 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
7817/2017
Judge
N Janse Van Nieuwenhuizen

The court found that Technichem was the first cessionary and the only party competent to receive payment of the maize crop proceeds. Africum was notified of Technichem's cession on 7 August 2015, yet continued to pay Suidwes, the second cessionary. Africum did not raise estoppel and could not rely on the protection afforded to a blameless debtor, as it had knowledge of the true cessionary. Therefore, payments made to Suidwes after notification did not discharge Africum's debt to Kirsten's estate. The trustees, as representatives of the insolvent estate, are entitled to claim the outstanding p…

Source excerpt

  • Cession Of Debt
  • Payment Discharge
  • Double Cession
  • Estoppel
  • Insolvency Trustees
  • Purchase Price Claim
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Civil Procedure [2012] ZAFSHC 248

Senatla Trading Enterprise 26 CC v Madisebo Catering CC and Others (508/2011)

Senatla Trading Enterprise 26 CC v Madisebo Catering CC and Others (508/2011) [2012] ZAFSHC 248 (20 December 2012)

Court
Free State High Court, Bloemfontein
Case number
508/2011
Judge
F. W. A. Danzfuss

The court found that both cessions by the first respondent were in securitatem debiti, meaning the first respondent retained a reversionary interest in the claim against the second respondent. The second cession, although appearing to be an out-and-out cession, was intended as security and thus transferred only the reversionary interest. Upon satisfaction of the third respondent's claim, the right to the balance of the proceeds reverted to the first respondent and, by virtue of the second cession, to the applicant. The validity of the cession to the applicant was not challenged by the respond…

Source excerpt

  • Cession In Securitatem Debiti
  • Double Cession
  • Reversionary Interest
  • Oral Evidence In Motion Proceedings
  • Costs Order
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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.