Standard Bank of South Africa v A-Team Africa Trading CC (4417/15)
Standard Bank of South Africa v A-Team Africa Trading CC (4417/15) [2015] ZAKZPHC 43 (2 September 2015)
The court found that the applicant had complied with the contractual requirements for cancellation by giving the respondent clear and unequivocal notice of default and an opportunity to remedy the breach. The respondent's attorney's letter acknowledged receipt of the notice, and the respondent, as a businessman familiar with the agreements, could not credibly claim lack of understanding. The notice was sufficiently clear, specifying the agreements, the arrears, and the consequences of non-payment. Service at the domicilium was not essential where actual receipt was proven. The applicant was t…
Source excerpt
- Instalment Sale Agreements
- Lex Commissoria
- Mora Notice
- Contract Cancellation
- Service Of Notice