The Case of Missing Formalities – Why Youmessi Trading CC v Simphunzi is Important
In this case, the plaintiff and the defendant entered into a sales agreement to sell a tertiary institution, Hartwick Technical College (a “college”). They agreed on a price for the college (R700 000), and at the time of the sales agreement, the lease of the premises...
Prescription of a Maintenance Obligation Contained in the Consent Paper
In terms of our law, when parties to a divorce proceeding enter into a Consent paper that is subsequently made an order of Court, there is an expectation that one of the parties shall be liable to pay reasonable maintenance towards the minor child(ren). A maintenance...
What to do when the Liquidator Comes Knocking…
If you are approached by a liquidator wishing to claim back money paid to you by a provisionally liquidated business, what are your options? At the time of making the payment in this instance, the businesses liabilities exceeded its assets and the payment made to you...
Is an Interim Order of Court Appealable?
In the recent Supreme court of appeal case, United Democratic Movement and another v Lebashe Investment Group (Pty) Ltd and others [2021] JOL 49361 (SCA), our Courts’ position on the appealability of interim orders were once again considered. In various...
Recent Comments