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South Africa Case Law

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Civil Procedure [2014] ZAFSHC 56

Farmsecure v Strauss (4994/2013)

Farmsecure v Strauss (4994/2013) [2014] ZAFSHC 56 (25 April 2014)

Court
Free State High Court, Bloemfontein
Case number
4994/2013
Judge
Moloi

The applicant failed to prove the respondent's indebtedness for the claimed amount, as the only evidence presented was a certificate of indebtedness issued by the applicant itself. Such certificates, according to binding authority, are invalid as conclusive proof and cannot substantiate the claim. Without prima facie proof of debt, the respondent was not required to rebut the claim. The application for judgment and perfection of the notarial covering bond was therefore unsubstantiated. The applicant, having chosen to proceed by way of application rather than summons, was unable to adduce furt…

Source excerpt

  • Notarial Covering Bond
  • Certificate Of Indebtedness
  • Proof Of Debt
  • Summary Judgment
  • Credit Agreements
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Commercial And Corporate [2013] ZANWHC 33

Mr Property Developers (Pty) Ltd v MEC for the Department of Health of the North West Provincial Government (1177/2012)

Mr Property Developers (Pty) Ltd v MEC for the Department of Health of the North West Provincial Government (1177/2012) [2013] ZANWHC 33 (11 April 2013)

Court
North West High Court, Mafikeng
Case number
1177/2012
Judge
R D Hendricks

The defendant failed to set out a bona fide defence to the plaintiff's claims. The absence of the schedule of services, quantities and rates does not constitute a valid defence, as the defendant did not deny their existence or that the amounts claimed were in accordance with them. The Service Level Agreement expressly provides for commissioning, training, and maintenance, and the plaintiff complied with its obligations. The defendant's assertion of full payment was unsupported by particulars. The plaintiff is entitled to summary judgment for the amounts claimed, together with interest and cos…

Source excerpt

  • Service Level Agreement
  • Summary Judgment
  • Contractual Obligations
  • Proof Of Debt
  • Interest On Debt
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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.