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South Africa decisions
Decisions matching the current search
Narasimooloo v Nedbank Limited and Others (12867/2017) [2023] ZAKZDHC 84 (3 November 2023)
The High Court cancelled security cessions over two insurance policies after a prior barring order meant no further claim could be pursued against Nedbank.
van Niekerk v Liberty Group Limited (1392/2018) [2020] ZASCA 65 (15 June 2020)
The Supreme Court of Appeal held that the cession of R470,000 under the insurance policy was a cession in securitatem debiti, entitling the cessionary to payment of that amount upon the death of the insured. The appellant was not entitled to the full benefit, as the secured debt remained unpaid. Liberty's overpayment to the appellant was made under a bona fide but mistaken belief, and the error was excusable given the circumstances, including the appellant's failure to submit the cession form and his knowledge of the cession's existence. The appellant was unjustifiably enriched and Liberty im…
Source excerpt
Jordaan v Liberty Life Ltd (3890/2007) [2011] ZAFSHC 217 (29 July 2011)
High Court dispute over an insurance policy cession. The court found the plaintiff did not sign the first cession and the second cession was invalid.
Kagan v Kagan and Others (6887/09) [2010] ZAWCHC 10 (8 February 2010)
The High Court held that a divorce settlement required a once-off cession of insurance policies to secure maintenance, not later reversion or adjustment.
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