Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2022] ZAECPEHC 3

Kenny v Seaman N.O (2062/2020)

Kenny v Seaman N.O (2062/2020) [2022] ZAECPEHC 3 (18 January 2022)

Court
Eastern Cape High Court, Port Elizabeth
Case number
2062/2020
Judge
Rugunanan

The court held that the plaintiff's particulars of claim are embarrassing and deficient because they fail to plead the material fact of a cession agreement transferring the right to claim from the estate to the plaintiff. Without such an averment, the plaintiff lacks locus standi to claim payment from the Trust, as only the executor may sue or be sued in respect of estate assets. The absence of averments regarding when the loan was made and when the contract was concluded does not render the claim vague and embarrassing, nor does it preclude a cause of action, but may be addressed through oth…

Source excerpt

  • Locus Standi In Deceased Estate
  • Pleading Requirements
  • Cession Of Rights
  • Loan Repayable On Demand
Read case analysis
Civil Procedure [2019] ZAECGHC 7

De Jager N.O and Another v Van Onselen N.O and Another (CA248/2017)

De Jager N.O and Another v Van Onselen N.O and Another (CA248/2017) [2019] ZAECGHC 7 (5 February 2019)

Court
Eastern Cape High Court, Grahamstown
Case number
CA248/2017
Judges
J M Roberson, N G Beshe, G N Z Mjali

The court found that, given the family context of the transaction and the absence of agreed terms and conditions for the loan, the parties intended that demand would be a condition precedent for the debt to become due. The evidence showed that Rose did not expect payment or demand accounting while the prevailing circumstances continued, and his inaction was consistent with the parties' intention. The sequestration of Rose's estate changed the circumstances, vesting the estate in the appellants, who then acted in the interests of creditors. The court disagreed with the court a quo's finding th…

Source excerpt

  • Prescription Act
  • Loan Repayable On Demand
  • Contractual Terms
  • Family Trust Transaction
  • Accounting And Debatement
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.