Silostrat (Pty) Ltd and Others v Pieter Hendrik Strydom NO and Others (845/2019) [2021] ZASCA 93 (25 June 2021)

Citation
Silostrat (Pty) Ltd and Others v Pieter Hendrik Strydom NO and Others (845/2019) [2021] ZASCA 93 (25 June 2021)
Media Neutral Citation
[2021] ZASCA 93
Hearing date
15 February 2021
Court
Supreme Court of Appeal of South Africa
Case number
845/2019
Judges
Dambuza JA, Nicholls JA, Ponnan JA, Gorven AJA, Mabindla-Boqwana AJA
Judgment date
25 June 2021
Language
English
Type
Judgment
Media summary
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Flynote

 

Law of Contract – cession – interpretation of three competing
cessions – principles of interpretation of legal documents applicable –
importation of words not used in the cession not permitted.
Rectification of cession – insufficient evidence to prove mistake common to both
parties to the cession for purposes of a claim for rectification thereof.
Insolvency - Institution of proceedings against the trustees of the insolvent estate
where a debt had been proved and admitted by the trustees improper

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