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South Africa decisions
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Van Heerden and Another v MT Earthmoving CC and Others (CIV APP FB20/2023) [2025] ZANWHC 3; [2025] 1 All SA 822 (NWM) (6 January 2025)
High Court appeal over loan repayment, set-off and third-party payment instructions dismissed with costs.
Origo International (Pty) Ltd v Smeg South Africa (Pty) Ltd (33541/2017) [2018] ZAGPJHC 412; 2019 (1) SA 267 (GJ) (25 June 2018)
The High Court considered whether a tender to pay a disputed debt prevented cancellation of a supply agreement. The quantum remained disputed, so no final order was made.
Boland Bank Ltd. v Pienaar and Another (356/86) [1988] ZASCA 50; [1988] 2 All SA 467 (A) (19 May 1988)
The Supreme Court of Appeal held that the principle established in Schuurman v Davey and subsequent authorities applies to foreclosure clauses in mortgage bonds. Upon default by the mortgagor, the mortgagee acquires a right to foreclose, which is not defeated by a late tender of payment by the debtor or a third party prior to the exercise of the election to foreclose. The court found no material distinction between a lex commissoria in a contract of sale and a foreclosure clause in a bond for this purpose. The appellant was entitled to rely on the foreclosure clause and refuse the tender, and…
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