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Dollar Rent A Car and Another v Moolla NO and Others (3536/2022) [2023] ZAGPJHC 823 (24 July 2023)
The High Court referred a disputed locus standi challenge about the second applicant to oral and/or documentary evidence, and suspended the leave-to-appeal hearing.
Union Finance Holdings (Pty) Ltd v Bonugli NO and Another (1866/2003) [2012] ZAGPJHC 88; 2013 (2) SA 449 (GSJ) (9 May 2012)
The court held that the defendant failed to establish reciprocity of debts as required by section 13(2) of the Prescription Act. The restructuring of the loan account by reversal of credits and debits did not create reciprocal obligations between the parties. The court found that prescription could be raised in interlocutory proceedings, overruling the contrary approach in Rand Staple-Machine Leasing (Pty) Ltd v ICI (SA) Ltd. As more than three years had elapsed since the debts became due, the proposed counterclaims were prescribed. The application for leave to introduce conditional countercl…
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