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Case summary written by Wade Jacobs and checked by Musa Mathebula. Background This is an application for declaratory relief, whereby SIP Project Managers (“the Applicant”) seeks to set aside and declare null and void the notice to appoint a third party, namely the Applicant’s bank being Standard Bank, in terms of the provision of section
BACKGROUND The Applicant is a registered credit provider in terms of the National Credit Act 34 of 2005 (Hereinafter “NCA”). The Respondent is a taxi operator. The Applicant had leased two vehicles to the Respondent as taxis to be used in the operation of his business (“the taxis”). The Respondent was substantially in arrears with
BACKGROUND Rand Mutual Assurance Co Ltd v Road Accident Fund, a Supreme Court of Appeal judgment delivered on 25 September 2008 considers the rights of insurance companies to sue third-party wrongdoers in their own names. The judgement has set precedent for the legal scope of the doctrine of subrogation. In this matter an employee of
INTRODUCTION This article examines whether the registration and enrollment requirements in the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”) applies to home builders who build homes with the intention of leasing same to tenants, as opposed to selling. The establishment and objects of the National Home Builders Registration Council (“NHBRC”) The Act
SUMMARY In this case, the First Appellant (“Starways”) (in liquidation), entered into a written contract with the First Respondent (“Pearl”) in terms of which Starways sold 25 000 metric tonnes of imported sugar to Pearl (“the sugar contract”).   The terms of the sugar contract provided that the first consignment of sugar would be delivered
BACKGROUND AND SUMMARY In 1999, two sisters created an inter vivos trust known as the Arathusa Family Trust (the “Trust”). The Trust is the sole shareholder of a company called Manyeleti (Pty) Ltd (the company), which owns a farm that is part of a game reserve. The three trustees appointed in terms of the trust
SUMMARY Background This appeal dealt with whether Xantha Properties 18 (Pty) Ltd (the “Respondent”), registered as a “home builder” in terms of section 1 of the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”), was compelled to adhere to section 14(1) of the Act with regard to homes built only for purposes of
  SUMMARY On 15 February 2013, the Appellant and the Respondent concluded a contract of purchase for the Appellant’s business, Yorkers Superette. The agreed purchase price was R850,000.00 which would be paid by the Respondent to the Appellant on the following terms:   (1) R500,000.00 would be paid as a deposit within 5 days of
SUMMARY This case dealt with a final interdict whereby the Applicants sought the following relief: 1.  that any agreement between the First Respondent and the Third, Fourth, Fifth and Sixth Respondents for the production of the late Brenda Fassie movie be declared null and void; 2. that the termination notice, dated 14 December 2017, which
Introduction This article deals with the topic of misrepresentations in the insurance industry and explores instances where insurers can repudiate insurance policies. Good Faith in Insurance Policies In the case of Mutual & federal Insurance Co Ltd v Oudtshoorn Municipality (1985) (1) SA 419 (A), the courtheld that all contracts are subject to good faith