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South Africa decisions
Decisions matching the current search
Passenger Rail Agency of South Africa v Bisschoff N.O obo Reyners (13654/2013) [2024] ZAWCHC 207 (16 August 2024)
The court held that pre-judgment interest on an unliquidated delictual claim was not capped by in duplum, and that post-judgment interest ran from 3 June 2020 at 9.75%.
Nedbank Limited v CBR Engineering CC and Others (A56/18) [2018] ZAFSHC 197 (6 December 2018)
The court held that the respondents were not in mora until the debt was determined by the court, as the enrichment claim was unliquidated and only became enforceable upon the court's order. The amendment of the particulars of claim did not create a new cause of action, but the nature of the claim changed from contract to enrichment, making the debt unliquidated. Section 2A of the Prescribed Rate of Interest Act applied, and interest could only run from the date of determination, not from the date of the loan or service of summons. The appellant's arguments regarding the running of interest fr…
Source excerpt
Nedbank Ltd v CBR Engineering CC and Others (4131/2013) [2017] ZAFSHC 239 (20 December 2017)
The High Court held that interest on an enrichment claim ran from 15 June 2016, when the amended particulars of claim placed the defendants in mora.
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