South Africa Case Law

Commissioner for the South African Revenue Service v Ramoroka NO and Others (Groenewald Intervening) (4049/2016)

Commissioner for the South African Revenue Service v Ramoroka NO and Others (Groenewald Intervening) (4049/2016) [2017] ZAGPPHC 232 (31 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

4049/2016

Judge

E. M. Kubushi

The High Court held that the sole member of a liquidated close corporation had locus standi to intervene, based on a reversionary interest in the estate.

• Locus Standi
• Insolvency Act Section 151
• Creditors Meeting
• Tax Claims Proof
• Reversionary Interest
• Locus-standi

Senatla Trading Enterprise 26 CC v Madisebo Catering CC and Others (508/2011)

Senatla Trading Enterprise 26 CC v Madisebo Catering CC and Others (508/2011) [2012] ZAFSHC 248 (20 December 2012)

Court

Free State High Court, Bloemfontein

Case number

508/2011

Judge

F. W. A. Danzfuss

The court found that both cessions by the first respondent were in securitatem debiti, meaning the first respondent retained a reversionary interest in the claim against the second respondent. The second cession, although appearing to be an out-and-out cession, was intended as security and thus transferred only the reversionary interest. Upon satisfaction of the third respondent's claim, the right to the balance of the proceeds reverted to the first respondent and, by virtue of the second cession, to the applicant. The validity of the cession to the applicant was not challenged by the respond…

Source excerpt

• Cession In Securitatem Debiti
• Double Cession
• Reversionary Interest
• Oral Evidence In Motion Proceedings
• Costs Order

Proflour (Pty) Ltd and Another v Grindrod Trading (Pty) Ltd t/a Atlas Trading and Shipping and Another (14397/2009)

Proflour (Pty) Ltd and Another v Grindrod Trading (Pty) Ltd t/a Atlas Trading and Shipping and Another (14397/2009) [2009] ZAKZDHC 75; [2010] 2 All SA 510 (KZD) (15 December 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

14397/2009

Judge

Swain

The court held that later invoice discounting agreements did not novate earlier Nedbank cessions, and the first respondent could not collect the book debts yet.

• Cession Of Book Debts
• Novation
• Security Interests
• Interpretation Of Contracts
• Partial Cession
• Reversionary Interest

Voget and 2 Others v Kleynhans (3119/2002)

Voget and 2 Others v Kleynhans (3119/2002) [2002] ZAWCHC 41; 2003 (2) SA 148 (C) (8 August 2002)

Court

Western Cape High Court, Cape Town

Case number

3119/2002

Judge

Van Reenen

The High Court held that insolvent plaintiffs had locus standi to sue, and dismissed an exception challenging their standing with costs.

• Locus Standi
• Insolvent Estate
• Breach Of Contract
• Reversionary Interest
• Locus-standi
• Insolvent-estate