South Africa Case Law

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

Como Oils (Pty) Ltd v Laurmo Oils CC (5655/2013)

Como Oils (Pty) Ltd v Laurmo Oils CC (5655/2013) [2015] ZAKZDHC 23 (17 March 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

5655/2013

Judge

Sishi

The High Court held that Laurmo Oils owed Como Oils for a loan and for coconut oil supplied, rejecting the defendant’s set-off defence based on storage charges.

• Monies Lent And Advanced
• Purchase Price Claim
• Set Off
• Oral Contract Terms
• Acknowledgement Of Debt
• Acknowledgement-of-debt