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South Africa Case Law

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Civil Procedure [2007] ZAKZHC 14

Ramdin v Pillay and others (2291/2007)

Ramdin v Pillay and others (2291/2007) [2007] ZAKZHC 14; 2008 (3) SA 19 (D); (28 November 2007)

Court
High Courts - Kwazulu Natal
Case number
2291/2007
Judge
Levinsohn

The court found that the defendants were not mere stakeholders but acted as agents under a mandate to invest the plaintiff's funds. Upon the plaintiff's demand for repayment in April 2002, the mandate was terminated and the debt became due. From that moment, prescription began to run under the Prescription Act. As the summons was served more than three years after the debt became due, the plaintiff's claim had prescribed. The admission in the stated case that the plaintiff remained the owner of the funds was a mistake of law and did not bind the court. The legal relationship was one of agency…

Source excerpt

  • Prescription Act
  • Attorneys Trust Account
  • Mandate
  • Debt Due
  • Stakeholder Vs Agent
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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.