Sifolo v Mokou [1911] ZATPD 73 (29 May 1911)

Reported
Flynote

Contract - Consideration - lmmoral - Lobola - Evidence - Presumption - Bill of Exchange

 

Case summary

When a statement appeared in a bill of exchange to the effect that part of the amount of the bill was due in consideration of lobola in respect of a marriage to take place and no evidence aliunde was tendered to show that the consideration was immoral.

Held, that, as the note stated that a marriage was to take place, a presumption existed that the amount stated to be paid as lobola was due in consideration of a lawful marriage to take place and that, consequently, the consideration for the note must be presumed to be legal.

 


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