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Civil Procedure [2022] ZAWCHC 225

Sakhana Construction CC v Strand Junction Retail (Pty) Limited (4219/2022)

Sakhana Construction CC v Strand Junction Retail (Pty) Limited (4219/2022) [2022] ZAWCHC 225 (3 November 2022)

The court found that the applicant's claim for R750,000 was disputed on bona fide reasonable grounds, both factually and legally. The respondent provided sufficient facts to show that the debt was either paid or had prescribed, and the reflection of the debt in the 2020 financials did not interrupt prescription as it occurred after prescription had run. The court held that the Badenhorst principle applies to legal disputes as well as factual ones, and where a genuine dispute exists regarding indebtedness or prescription, liquidation proceedings are not appropriate. The applicant failed to est…

  • Company Liquidation
  • Bona Fide Dispute
  • Prescription Act
  • Badenhorst Principle
  • Tacit Acknowledgment Of Debt
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