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Barclays National Bank Ltd v Smith

South Africa Law Reports Cited authorities 6 Cited in 13 Precedent Map Related
Vincent
JurisdictionSouth Africa
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13 practice notes
  • Meyer v Barnardo and Another
    • South Africa
    • Invalid date
    ...ones would be extinguished. The onus is upon the person alleging a novation to prove one (see Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 683). Moreover, even if it be assumed that there was a novation, in the case of a conditional novating agreement it does not necessarily fo......
  • Dowson & Dobson Industrial Ltd v Van der Werf and Others
    • South Africa
    • Invalid date
    ...the amount claimed therein" will certainly not be adequate. I have not overlooked the fact that in Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) BOOYSEN AJ held that Rule 32, properly construed, did not require a plaintiff to verify the cause of action upon oath. The D learned Judg......
  • Meyer v Barnardo and Another
    • South Africa
    • Natal Provincial Division
    • 25 January 1984
    ...ones would be extinguished. The onus is upon the person alleging a novation to prove one (see Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 683). Moreover, even if it be assumed that there was a novation, in the case of a conditional novating agreement it does not necessarily fo......
  • Cape Business Bureau (Pty) Ltd v Van Wyk and Another
    • South Africa
    • Invalid date
    ...which cause of action is being verified, there is no proper verification in D terms of Rule 32; and Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 682E and G, where BOOYSEN AJ said that, where a summons contains alternative claims and mutually destructive allegations, application......
    • Request a trial to view additional results
13 cases
  • Meyer v Barnardo and Another
    • South Africa
    • Invalid date
    ...ones would be extinguished. The onus is upon the person alleging a novation to prove one (see Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 683). Moreover, even if it be assumed that there was a novation, in the case of a conditional novating agreement it does not necessarily fo......
  • Dowson & Dobson Industrial Ltd v Van der Werf and Others
    • South Africa
    • Invalid date
    ...the amount claimed therein" will certainly not be adequate. I have not overlooked the fact that in Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) BOOYSEN AJ held that Rule 32, properly construed, did not require a plaintiff to verify the cause of action upon oath. The D learned Judg......
  • Meyer v Barnardo and Another
    • South Africa
    • Natal Provincial Division
    • 25 January 1984
    ...ones would be extinguished. The onus is upon the person alleging a novation to prove one (see Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 683). Moreover, even if it be assumed that there was a novation, in the case of a conditional novating agreement it does not necessarily fo......
  • Cape Business Bureau (Pty) Ltd v Van Wyk and Another
    • South Africa
    • Invalid date
    ...which cause of action is being verified, there is no proper verification in D terms of Rule 32; and Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 682E and G, where BOOYSEN AJ said that, where a summons contains alternative claims and mutually destructive allegations, application......
    • Request a trial to view additional results
13 provisions
  • Meyer v Barnardo and Another
    • South Africa
    • Invalid date
    ...ones would be extinguished. The onus is upon the person alleging a novation to prove one (see Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 683). Moreover, even if it be assumed that there was a novation, in the case of a conditional novating agreement it does not necessarily fo......
  • Dowson & Dobson Industrial Ltd v Van der Werf and Others
    • South Africa
    • Invalid date
    ...the amount claimed therein" will certainly not be adequate. I have not overlooked the fact that in Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) BOOYSEN AJ held that Rule 32, properly construed, did not require a plaintiff to verify the cause of action upon oath. The D learned Judg......
  • Meyer v Barnardo and Another
    • South Africa
    • Natal Provincial Division
    • 25 January 1984
    ...ones would be extinguished. The onus is upon the person alleging a novation to prove one (see Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 683). Moreover, even if it be assumed that there was a novation, in the case of a conditional novating agreement it does not necessarily fo......
  • Cape Business Bureau (Pty) Ltd v Van Wyk and Another
    • South Africa
    • Invalid date
    ...which cause of action is being verified, there is no proper verification in D terms of Rule 32; and Barclays National Bank Ltd v Smith 1975 (4) SA 675 (D) at 682E and G, where BOOYSEN AJ said that, where a summons contains alternative claims and mutually destructive allegations, application......
    • Request a trial to view additional results

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