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South Africa decisions
Decisions matching the current search
Kelbrick v Nel and Another (1275/2008) [2014] ZANCHC 35 (29 August 2014)
The court held that a restaurant sale agreement ended when a suspensive condition was not fulfilled within a reasonable time, ordering restitution of R315,000.
Nel N.O. and Others v Steyl N.O. and Others (3496/2013) [2013] ZAFSHC 230 (29 November 2013)
The court granted eviction after finding the tenant breached a lease by failing to fence the property and pay rental, and rejected the invoice-based defense.
Stockdale and Another v Stockdale (A63/2002) [2002] ZAWCHC 67; [2003] 3 All SA 358 (C); 2004 (1) SA 68 (C) (22 November 2002)
The court found that the intention of the parties, as evidenced by the wording of the acknowledgements of debt and the surrounding circumstances, was that the debt would not be immediately repayable. Repayment would only become due upon notice by the Plaintiffs, which was only given in October 2000. The court distinguished between the coming into existence of the debt and its recoverability, holding that prescription only commenced when the debt became due, i.e., when notice to repay was given. The Magistrate erred in finding that prescription began running from the date of signature. The app…
Source excerpt
Hermprop BK v Hiross Sout Africa (Edms) Bpk en 'n Ander (192/89) [1991] ZASCA 130 (27 September 1991)
The court held that the tenants validly cancelled the leases after the landlord failed for months to repair storm damage within a reasonable time.
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