Esheria South Africa Case Law
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South Africa Case Law

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Commercial And Corporate [2018] ZASCA 163

Louis Pasteur Holdings (Pty) Ltd and Others v Absa Bank Limited and Others (1119/2017; 1120/2017)

Louis Pasteur Holdings (Pty) Ltd and Others v Absa Bank Limited and Others (1119/2017; 1120/2017) [2018] ZASCA 163; 2019 (3) SA 97 (SCA) (29 November 2018)

Court
Supreme Court of Appeal
Case number
1119/2017; 1120/2017
Judges
Navsa, Swain, Mathopo, Mocumie, Matojane

SCA held rental income ceded as security could not be used in business rescue without creditor consent unless it fully discharged the debt.

  • Business Rescue
  • Cession Of Rental Income
  • Companies Act 71 Of 2008
  • Liquidation
  • Rule 33 4 Separation
  • Security Interest
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Land And Property [1993] ZASCA 148

Bank Windhoek Bpk v Rajie en 'n Ander (664/91)

Bank Windhoek Bpk v Rajie en 'n Ander (664/91) [1993] ZASCA 148; 1995 (1) SA 115 (AD); [1994] 1 All SA 437 (A) (29 September 1993)

Court
Supreme Court of Appeal
Case number
664/91
Judges
Joubert, Smalberger, Nienaber, Howie, Harms

The court held that Bank Windhoek failed to prove ownership of the BMW, finding the transaction was not a genuine transfer but a loan secured by the vehicle.

  • Rei Vindicatio
  • Ownership Transfer
  • Constitutum Possessorium
  • Security Interest
  • Estoppel
  • Sale And Credit Agreements
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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.