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South Africa decisions
Decisions matching the current search
Mahomed-Padayachee v Mohamed and Another (2021/40442) [2022] ZAGPJHC 958 (1 December 2022)
The High Court enforced two acknowledgements of debt, rejected a duress defence, allowed R11,000 in credits, and awarded costs on the attorney-client scale.
Du Toit v Du Toit (59114/16) [2017] ZAGPPHC 731 (21 November 2017)
The High Court found that loans advanced by the plaintiff were made to the defendant personally, not to his company, and awarded repayment with interest and costs.
Leshaba v Tayfin Auditors (26883/2013) [2014] ZAGPPHC 965 (10 December 2014)
The court dismissed a claim for repayment of R1 million, finding the plaintiff failed to prove the oral agreement was an investment rather than a loan.
Business Partners Ltd v Silver Stars Trading 245 CC and Another (14408/2008) [2012] ZAGPPHC 76 (15 May 2012)
High Court holds no compromise discharged a loan debt, but refuses enforcement of a simulated “royalty” interest scheme as contrary to public policy.
African Dawn Property Finance 2 (Pty) Ltd v Dreams Travel and Tours CC and Others (2011 (3) SA 511 (SCA); [2011] 3 All SA 345 (SCA)) [2011] ZASCA 45; 234/10 (30 March 2011)
The Supreme Court of Appeal held that the loan interest was not usurious absent proof of extortion or oppression, and upheld the contractual rate.
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