Skip to document content Skip to main menu Skip to search

High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

2 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Labels
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
October 2010
Merebank Hotel (Pty) Ltd v Chetty (3564/2010) [2010] ZAKZDHC 49 (29 October 2010)
Respondent failed to prove an oral long-term lease; eviction granted with one month to vacate.
Eviction – Alleged oral lease for 3+3 years – Credibility and probability assessment; burden of proof on party asserting contract; commercial practice of reducing leases to writing significant; subsequent conduct and correspondence as evidence of intentions and rights; eviction granted with one month to vacate and costs awarded.
 29 October 2010
Coetzee and Another v Nedbank Ltd (2793/2010) [2010] ZAKZDHC 46 (12 October 2010)
Reported
Debt-review notice under the NCA (s86) bars creditor litigation under s88(3) unless statutory termination occurs; rescission granted.
National Credit Act – s 86 debt review process – s 86(4)(b)(i) notice – s 86(10) termination – s 88(3) bar on enforcement; statutory scheme limits creditors’ common-law enforcement rights; rescission of default judgment where bona fide defence established; condonation for late rescission application.
 12 October 2010