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South Africa decisions
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Bella Vue Farms (Pty) Ltd v Briet (35314/2019) [2020] ZAGPPHC 486 (31 August 2020)
The High Court granted leave to appeal after finding reasonable prospects that another court may differ on the loan agreement, compound interest, and costs order.
Shames N.O and Others v Body Corporate of Victoria and Edward Court (A535/17) [2019] ZAGPPHC 635 (2 December 2019)
The High Court dismissed an appeal about whether a body corporate loan debt had prescribed, holding that payment obligations arose on receipt of levies.
Trinity Asset Management (Pty) Ltd v Grindstone Investments 132 (Pty) Ltd (1040/2015) [2016] ZASCA 135 (29 September 2016)
The majority held that the debt became due when the loan was advanced to the respondent, and prescription commenced from that date. Clause 2.3 of the agreement, which required written demand and a 30-day notice period, was interpreted as a procedural term for repayment, not a condition precedent for the debt to become due. The appellant's failure to make demand in the specific form required by the contract meant the claim was not properly enforceable, but this did not affect the running of prescription. As more than three years had elapsed since the loan was advanced and no interruption of pr…
Source excerpt
Irwing 514 CC v Standard Bank of South Africa Limited (A5012/2010) [2011] ZAGPJHC 40 (19 May 2011)
The High Court dismissed an appeal seeking a further loan advance or declaratory relief, holding the loan agreement had expired and the dispute was moot.
Firstrand Bank Limited v Golden Quilt Investments 217 CC (16626/2009) [2009] ZAWCHC 193 (7 December 2009)
The High Court refused summary judgment in a bank claim, finding the defendant had raised an arguable defence based on the wording of a loan agreement clause.
BOE Bank v Grange Timber Farming Co (Pty) Ltd (252/2006) [2007] ZASCA 4; [2007] SCA 4 (RSA) (5 March 2007)
The Supreme Court of Appeal held that a bank’s review notice under a loan agreement made the full debt immediately due and payable.
Tattersall and Another v Nedcor Bank Ltd. (340/93) [1995] ZASCA 30; 1995 (3) SA 222 (AD); [1995] 2 All SA 365 (A) (28 March 1995)
Appeal over bank loan recovery dismissed. The court held the bank was authorised, repayment had started earlier than claimed, and pending property litigation did not excuse payment.
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