South Africa Case Law

De Jager N.O and Another v Van Onselen N.O and Another (CA248/2017)

De Jager N.O and Another v Van Onselen N.O and Another (CA248/2017) [2019] ZAECGHC 7 (5 February 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA248/2017

Judges

J M Roberson, N G Beshe, G N Z Mjali

The court found that, given the family context of the transaction and the absence of agreed terms and conditions for the loan, the parties intended that demand would be a condition precedent for the debt to become due. The evidence showed that Rose did not expect payment or demand accounting while the prevailing circumstances continued, and his inaction was consistent with the parties' intention. The sequestration of Rose's estate changed the circumstances, vesting the estate in the appellants, who then acted in the interests of creditors. The court disagreed with the court a quo's finding th…

Source excerpt

• Prescription Act
• Loan Repayable On Demand
• Contractual Terms
• Family Trust Transaction
• Accounting And Debatement