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Money, Money, Money.... in a
rich man's world...
Abba |
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The first step in defending a summons is to get advice
and file a notice of intention to defend. If this
is not done in time, judgment can be taken against you
without telling you.
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Let the Coveyancing
Expert Draft the Contract
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It is important
that one words the clause in a sale of a house or land that
guarantees the purchase price, properly. In the matter of
Koumantarakis Group CC v Mystic River Investment 45 (Pty)
Ltd , the court held that if the clause does not
specifically state that such a guarantee must be
irrevocable, the conveyancer cannot refuse to accept a
revocable guarantee.
The court held that where a property sale agreement does not
expressly stipulate that an irrevocable
guarantee was required for the deposit or purchase
price, then the conveyancer cannot refuse a guarantee merely
because it is revocable at the instance of the bank
who issued it.
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The National Director of Public
Prosecutions and Mr Zuma
September has been Zuma Litigation month. Whether or not you have
been following the saga, really doesn’t change the fact that if you
have been in south Africa, somewhere at sometime, you will have
heard press reports or discussions on the attempted prosecution of
Mr. Zuma. He has taught us a valuable lesson about the law.
Litigation Lawyers are experts at litigation process. If you are
going to litigate, get a legal team to do what they do best. Many a
case has had surprising outcomes because lawyers have performed
their tasks properly.
When you receive a letter of demand or summons in a criminal or
civil matter, take it to an attorney. The litigation expert will
immediately start the wheels of your defence rolling. There are
important procedural steps to be taken as early as possible such as
a request for security for costs from the plaintiff, a request for
further particulars. There is also an accepted process for
obtaining documents from the opponent. This could prove invaluable
later on when the matter goes to trial or settlement.
What are court fees?
Clients often ask, what will the court fees amount to. The truth
is: Very little
but
there is a catch. The only “court fee” is really the revenue stamp
on the summons or the relevant appeal document. In the Magistrates’
Court this is R20. In the High Court it is R80. The request for
reasons in the Magistrates’ Court when one wants to appeal, is R70
and the subsequent notice of appeal requires a R80 stamp. The
substantial fees a litigant will have to pay is in respect of the
investigations and the legal team. Please e-mail us if you need more
info on the costs or any other aspect.
Regards
Barnard Labuschagne Inc Registration No. 1999/015298/21 t/a
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Disclaimer
Added
Legal Value is provided for general information and networking
purposes. Its publishers accept no liability for damages, errors or
omissions. For professional advice or to properly protect your
rights, please consult a qualified legal practitioner.
Copyright
This
letter may be forwarded in unaltered form to willing recipients.
It, its name, concept or content may not otherwise be used,
reproduced, redistributed, copied or imitated.
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