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South Africa Case Law

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Commercial And Corporate [2022] ZAGPPHC 976

Strydom N.N.O and Others v Africum Commodities (Pty) Ltd and Others (7817/2017)

Strydom N.N.O and Others v Africum Commodities (Pty) Ltd and Others (7817/2017) [2022] ZAGPPHC 976 (7 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
7817/2017
Judge
N Janse Van Nieuwenhuizen

The court found that Technichem was the first cessionary and the only party competent to receive payment of the maize crop proceeds. Africum was notified of Technichem's cession on 7 August 2015, yet continued to pay Suidwes, the second cessionary. Africum did not raise estoppel and could not rely on the protection afforded to a blameless debtor, as it had knowledge of the true cessionary. Therefore, payments made to Suidwes after notification did not discharge Africum's debt to Kirsten's estate. The trustees, as representatives of the insolvent estate, are entitled to claim the outstanding p…

Source excerpt

  • Cession Of Debt
  • Payment Discharge
  • Double Cession
  • Estoppel
  • Insolvency Trustees
  • Purchase Price Claim
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Land And Property [2019] ZAWCHC 46

Agu v Krige and Others (20763/2017)

Agu v Krige and Others (20763/2017) [2019] ZAWCHC 46 (28 March 2019)

Court
Western Cape High Court, Cape Town
Case number
20763/2017
Judge
Francis, AJ

The court found that the deed of sale expressly required the applicant to pay the purchase price to the first respondent's nominated conveyancer, who was appointed by the first respondent and acted as his agent for receiving payment. Payment to the conveyancer was therefore equivalent to payment to the seller, and the applicant discharged her contractual obligation by making such payment. The misappropriation of funds by the conveyancer did not affect the applicant's entitlement to transfer, as she had no control over the process after payment and had complied with all contractual requirement…

Source excerpt

  • Specific Performance
  • Agency In Property Transactions
  • Conveyancer Liability
  • Payment Discharge
  • Sectional Title Transfer
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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.

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