South Africa Case Law

Vela v Rainbow Shuttle Services CC and Another (26955/14)

Vela v Rainbow Shuttle Services CC and Another (26955/14) [2014] ZAGPJHC 359 (3 December 2014)

Court

South Gauteng High Court, Johannesburg

Case number

26955/14

Judge

Twala

The court found that the acknowledgment of debt signed by the defendants met all the requirements of Section 87 of the Bills of Exchange Act and thus constituted a promissory note. However, the plaintiff failed to produce the original liquid document as required by the practice manual and did not provide a satisfactory explanation for its absence. The court was not placed in a position to exercise its discretion to condone non-production, as no evidence was presented as to why the original was unavailable. The plain interpretation of Section 68 of the Act prohibits the granting of provisional…

Source excerpt

• Acknowledgment Of Debt
• Provisional Sentence
• Promissory Note
• Non Production Of Original Document
• Bills Of Exchange Act
• Interest Calculation

Ngcai v Minister Of Finance and Another (46640/09)

Ngcai v Minister Of Finance and Another (46640/09) [2009] ZAGPPHC 362 (11 December 2009)

Court

North Gauteng High Court, Pretoria

Case number

46640/09

Judge

Tlhapi

The High Court dismissed a provisional sentence claim based on a purported promissory note, finding it was not a liquid document and that the plaintiff lacked locus standi.

• Provisional Sentence
• Promissory Note
• Liquid Document
• Bills Of Exchange Act
• Locus Standi
• Provisional-sentence