Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 21 – 2016

STATUTORY RIGHT TO OBJECT TO PROPOSED DEVELOPMENT: CAPABLE OF ABUSE?

Koukoudis and Another v Abrina and Another (20747/2014) [2016] ZASCA 95 (2 June 2016)

The interesting question that arose in this matter was whether X can institute a claim against Y, arguing that X suffered substantial financial losses due to Y’s (allegedly vindictive) exercise of a right bestowed on Y by law, in this instance the right to raise an objection to development proposals. The Supreme Court of Appeal here explains how courts will approach such a claim.

The Judgment
Summary of the Judgment

 

PRESCRIPTION OF A LOAN WITH ACCELLERATION CLAUSE

Standard Bank of South Africa Ltd v Miracle Mile Investments 67 (Pty) Ltd and Another (187/2015) [2016] ZASCA 91 (1 June 2016)

Prescription of the right to claim repayment of a loan will send shivers down the spine of every money lender. The dispute in this matter dealt with the alleged prescription of a R14 million debt under a loan that contained an acceleration clause entitling the bank to claim the full outstanding amount payable on the debtor’s breach. The issue raised was whether the three year prescription countdown started on the date of the debtor’s failure to pay the monthly instalment, or from the date on which the bank notified the debtor that it is enforcing the acceleration clause.

The Judgment
Summary of the Judgment.