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It is the duty of each individual/entity to acquaint him/itself with the law applicable in the field in which he/she/it does business. The case law and all other information provided by ADRA is provided as a courtesy and is by no means intended to be a complete exposition of applicable law nor is any guarantee provided that the information is correct. In particular are readers reminded that case law constantly changes and may any finding be overturned or amended at any time. The case law provided herein is not necessarily the latest on any specific topic or an accurate reflection of the law as applicable at any given time. The reader is advised to obtain legal opinion on any matter of law and not to rely on case law, any other material or opinion provided by ADRA and/or any of its officials or employees.

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high court judgements

For in-depth knowledge of the subject-field within which you do business

Case NameDiscription of Content

ABSA Bank Limited vs Hendrik Jacobus Burmeister and Others 2004 SCA

The prohibition against the attachment of Pension Fund/Retirement Annuity

ABSA Bank Limited vs Lombard 2005 SCA

Increase and decrease of contractual interest rate when prime lending rate increase and/or decrease. Duty of bank to decrease when prime lending date decrease and noot just increase when prime lending rate increases.

ATB Chartered Accountants (SA) vs Bonfiglio 2010 SCA

When does prescription begin to run.

ABSA Limited vs Lombard Insurance Company Limited 2012 SCA

And

First Rand Bank Limited vs Lombard Insurance Company Limited 2012 SCA

Does payment of debt with stolen money discharge such debt or is the creditor of such debt unduly enriched when paid with stolen money.

African Bank Limited vs Additional Magistrate Myambo NO and Others 2009

So-called: African Bank Declaratory Order. Is a Section 58 undertaking valid when enforcing a debt in terms of the National Credit Act and declaratory order on related provisions of the NCA and Magistrates Courts Act.

National Credit Regulator v Nedbank and OthersNCA declaratory order clarifying various critical issues, including the statutory in duplum rule.  National Credit Act 34 of 2005 - interpretation of ss 86(2), 86(7) and (8), 87, 129 and 103(5).
Nedbank & Others v national Credit Regulators and Others (SCA)Appeal to case above.
GRIEKWALAND-WES KORPORATIEF LIMITED v HERMAN DANIËL JACOBSThe content of the Sec 129 notice.
FIRSTRAND BANK LTD v VUSI EMMANUEL MVELASEWhether a credit provider may enforce a credit agreement after terminating debt review proceedings in the Magistrates' Court in terms of s 87 (10) of the National Credit Act No 34 of 2005 (the NCA). Can a notice in terms of s 86 (10) lawfully terminate the debt review pending before a Magistrates' Court?
  

 

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