BACKGROUND The two trustees of the Ismail Habib Family Trust (“the Plaintiffs”), instituted action against the Defendant, the eThekwini Municipality, in respect of rates and penalties (“the debt”) that they had paid to the Defendant. The debt was owed to the Defendant by a previous owner of the immovable property, which the Plaintiffs had purchased.
BACKGROUND AND SUMMARY In this case, Shaun Harris (the “Plaintiff”) sought action proceedings to recover the sum of R531 361 plus interest thereon a tempore morae. The debt arose upon the Plaintiff and Rachel Rossouw (the “Defendant”) concluding a loan agreement in terms of which repayment was due, owing and payable (the “Agreement”). The claim