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South Africa decisions
Decisions matching the current search
Nedbank Bpk v Pickor Thirty One Bk en Anders (6137/2009) [2010] ZAFSHC 172 (9 September 2010)
Summary judgment was refused on claims under loan agreements after the defendants raised triable issues about an oral payment holiday and premature demands.
Crown Restaurant CC v Gold Reef City Theme Park (Pty) Ltd (CCT05/07) [2007] ZACC 2; 2007 (5) BCLR 453 (CC); 2008 (4) SA 16 (CC) (6 March 2007)
The Constitutional Court dismissed leave to appeal in a lease dispute, refusing to revive the exceptio doli generalis and declining to hear the matter as a court of first instance.
Bank of Lisbon & South Africa v Ornelas and Another (53/85) [1988] ZASCA 35; [1988] 2 All SA 393 (A) (30 March 1988)
The court held that the exceptio doli generalis remains a substantive defence and dismissed the bank’s appeal, refusing enforcement of the strict securities wording.
Virginia Land and Estate Company Ltd. and Another v Virginia Central City Properties (Pty)Ltd. (168/86) [1987] ZASCA 141 (27 November 1987)
The court held there was no written variation of land sale agreements, the cancellation notice substantially complied, and the exceptio doli generalis did not apply.
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