South Africa Case Law

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

Stewart N.O. and Another v Louw (5039/2013)

Stewart N.O. and Another v Louw (5039/2013) [2015] ZAFSHC 47 (26 February 2015)

Court

Free State High Court, Bloemfontein

Case number

5039/2013

Judge

S J Reinders

The High Court found the defendant failed to prove duress when signing a settlement agreement and ordered payment of the outstanding debt, interest, and costs.

• Duress
• Settlement Agreement
• Acknowledgement Of Debt
• Insolvency Trustees
• Counterclaim
• Costs Order