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South Africa Case Law

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Commercial And Corporate [2022] ZASCA 98

Engen Petroleum Ltd v Flotank Transport (Pty) Ltd (876/2020)

Engen Petroleum Ltd v Flotank Transport (Pty) Ltd (876/2020) [2022] ZASCA 98 (21 June 2022)

The Supreme Court of Appeal held that the 2014 cession was an out-and-out cession, not a pledge, and upheld Engen’s claim against Flotank.

  • Cession In Securitatem Debiti
  • Out And Out Cession
  • Interpretation Of Contracts
  • Liquidation Effects
  • Secured Creditor Rights
  • Cession-in-securitatem-debiti
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Commercial And Corporate [2018] ZASCA 82

Louis Pasteur Hospital Holdings (Pty) Ltd v Bonitas Medical Fund (281/2017)

Louis Pasteur Hospital Holdings (Pty) Ltd v Bonitas Medical Fund (281/2017) [2018] ZASCA 82 (31 May 2018)

The Supreme Court of Appeal held that the Sanlam policies were ceded in securitatem debiti, not outright, and upheld repayment of the proceeds plus punitive costs.

  • Cession In Securitatem Debiti
  • Out And Out Cession
  • Shareholders Agreement
  • Fiduciary Duties
  • Prescribed Rate Of Interest
  • In Duplum Rule
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Commercial And Corporate [2011] ZAGPJHC 71

Courier Direct Logistics (Pty) Ltd v Gidani (Pty) Ltd (15683/09)

Courier Direct Logistics (Pty) Ltd v Gidani (Pty) Ltd (15683/09) [2011] ZAGPJHC 71 (11 August 2011)

The High Court held that two cessions were in securitatem debiti, not out-and-out transfers, and ordered payment of the admitted debt plus interest and costs.

  • Cession In Securitatem Debiti
  • Out And Out Cession
  • Liquidation Claims
  • Counterclaim
  • Goods Sold And Delivered
  • Cession-in-securitatem-debiti
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Commercial And Corporate [1998] ZAGPHC 4

Nedcor Bank Limited v Boulbigh 224 CC (15078/98)

Nedcor Bank Limited v Boulbigh 224 CC (15078/98) [1998] ZAGPHC 4 (19 August 1998)

The court granted Nedcor Bank relief enforcing a cession of rentals, holding the cession was clear and unambiguous and rejecting the respondent’s securitatem debiti defence.

  • Cession In Securitatem Debiti
  • Out And Out Cession
  • Parole Evidence Rule
  • Mortgage Bond Enforcement
  • Variation Clause
  • Cession-in-securitatem-debiti
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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.