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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1354

H.W and Another v R.S (18246/2019)

H.W and Another v R.S (18246/2019) [2023] ZAGPJHC 1354 (24 November 2023)

High Court dispute over whether R610,000 transferred between former lovers was a loan or a donation; prescription was dismissed, but the plaintiff was absolved from the instance.

  • Loan Vs Donation
  • Prescription Act
  • Burden Of Proof
  • Absolution From Instance
  • Loan-vs-donation
  • Prescription
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Civil Procedure [2017] ZAGPPHC 26

Van Staden NO v Nel NO and Another (11114/2015)

Van Staden NO v Nel NO and Another (11114/2015) [2017] ZAGPPHC 26 (1 February 2017)

The High Court dismissed an application to sequestrate the MC Botha Trust, finding the R500,000 payment was a donation for the deceased’s care, not a loan.

  • Sequestration Of Trust
  • Locus Standi
  • Loan Vs Donation
  • Costs Punitive Scale
  • Sequestration
  • Trust-law
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Civil Procedure [2007] ZAWCHC 46

Mogudi v Fezi (A67/07)

Mogudi v Fezi (A67/07) [2007] ZAWCHC 46 (28 August 2007)

The court dismissed an appeal in a dispute over payments for a vehicle, holding that the appellant failed to prove a loan and that the payments were donations.

  • Loan Vs Donation
  • Burden Of Proof
  • Contractual Capacity
  • Loan-vs-donation
  • Burden-of-proof
  • Donation-law
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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.