South Africa Case Law

Nel and Others v Cilliers (A208/2021)

Nel and Others v Cilliers (A208/2021) [2022] ZAGPPHC 856 (7 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

A208/2021

Judges

G Ally, T Bokako, N Janse van Nieuwenhuisen

The court found that agreement 'D2' constituted a credit agreement under section 8 of the National Credit Act 34 of 2005. Both parties were not registered as credit providers, rendering 'D2' unlawful and unenforceable in terms of section 89. The appellants' argument that 'D2' was a settlement was rejected due to their prior concession and lack of pleading. The court held that 'D1' was abandoned by the parties when 'D2' was entered into, and thus could not be revived. Furthermore, 'D1' was found to be inchoate, as the First Appellant testified that certain terms were still to be clarified. Eve…

Source excerpt

• Credit Agreements
• National Credit Act
• Novation
• Inchoate Contracts
• Unenforceable Contracts