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South Africa Case Law

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Civil Procedure [2019] ZASCA 8

Cook v Morrison and Another (1319/2017)

Cook v Morrison and Another (1319/2017) [2019] ZASCA 8; [2019] 3 All SA 673 (SCA); 2019 (5) SA 51 (SCA) (8 March 2019)

Court
Supreme Court of Appeal
Case number
1319/2017
Judges
Lewis, Leach, Saldulker, Mathopo, Rogers

The court held that the applicant's claims were 'debts' within the meaning of the Prescription Act, as they involved personal obligations to pay money or deliver assets following cancellation of a contract. The relationship between the parties was not one of partnership but rather co-shareholding in companies, and thus s 13(1)(d) of the Prescription Act did not apply to delay prescription. The special plea of prescription was properly adjudicated on the applicant's primary pleaded facts, and the alternative allegation regarding the date of cancellation did not present a realistic or plausible…

Source excerpt

  • Prescription Act
  • Special Leave To Appeal
  • Partnership Definition
  • Restitution After Cancellation
  • Separation Of Issues
  • Joint Venture Agreement
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Commercial And Corporate [1985] ZASCA 22

Baker v Probert (228/1983)

Baker v Probert (228/1983) [1985] ZASCA 22; [1985] 2 All SA 263 (A) (7 May 1985)

Court
Supreme Court of Appeal
Case number
228/1983
Judges
Corbett, Kotzé, Viljoen, Hoexter, Botha

The court held that York Estate was the agent of the defendant for the purpose of receiving payment of the purchase price. The contract expressly stipulated that payment was to be made to York Estate, and this operated as a discharge of the plaintiff's obligation to the defendant. The mechanism requiring York Estate to hold the funds in trust until delivery of the share certificates did not alter the agency relationship. Upon cancellation of the contract due to the defendant's breach, the plaintiff was entitled to restitution from the defendant, irrespective of York Estate's insolvency. The d…

Source excerpt

  • Agency In Contract
  • Restitution After Cancellation
  • Stakeholder Vs Agent
  • Specific Performance
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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.