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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 537

Nepgen v Landskron (52270/2015)

Nepgen v Landskron (52270/2015) [2024] ZAGPPHC 537 (14 June 2024)

The court found that the amount due upon dissolution of the partnership was ascertainable by both parties, and the fact that they computed different amounts did not render the debt unascertainable. The court distinguished the present case from Victoria Falls, noting that the latter involved damages difficult to quantify, whereas this case involved a contractual claim for a determinable balance. The court exercised its discretion under the Prescribed Rate of Interest Act and held that interest should run from the date of service of summons, as depriving the plaintiff of such interest would be…

  • Prescribed Rate Of Interest Act
  • Partnership Dissolution
  • Quantum Determination
  • Mora Interest
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Civil Procedure [2023] ZALMPPHC 110

Polokwane Local Municipality v Parkpoint (Pty) Ltd (1236/2023)

Polokwane Local Municipality v Parkpoint (Pty) Ltd (1236/2023) [2023] ZALMPPHC 110 (15 November 2023)

The court found that the order of Naude-Odendaal J suspended the operation of the rule nisi pending the finalization of the arbitration proceedings, not merely the issuing of the arbitration award. The arbitration award postponed the determination of quantum sine die, and the respondent disputes the amount claimed by the applicant. As there is no agreement on the quantum, the arbitration proceedings are not finalized. The applicant must enroll the matter for determination of quantum before the arbitrator. Consequently, the suspensive condition has not been fulfilled, and the application to re…

  • Rule Nisi
  • Arbitration Award Enforcement
  • Interpretation Of Court Orders
  • Quantum Determination
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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.