Extra Dimensions 44 (Pty) Ltd v Devcor Investments (Pty) Ltd and Another (33476/2019)
Extra Dimensions 44 (Pty) Ltd v Devcor Investments (Pty) Ltd and Another (33476/2019) [2021] ZAGPJHC 813 (14 December 2021)
The court held that the plaintiff, having entered into a re-cession agreement with Nedbank that re-vested its rights in respect of the lease agreement from a date prior to the institution of action, was retrospectively vested with locus standi. The court found that the defendants suffered no prejudice, and that practical justice and established legal principles justified allowing the plaintiff to proceed. The court rejected the defendants' argument that the re-cession was not outright due to clause 5, finding that the operative cession was contained in clause 2 and remained in force until one…
Source excerpt
- Locus Standi
- Cession In Securitatem Debiti
- Recession Of Claims
- Replication Vs Amendment
- Holding Over Damages