ASP Marketing CC v Lunar Chickens (Private) Limited & 3 Ors

Key Issues

• {"issue_text":"Whether the claims are prescribed under the Prescription Act","issue_type":"procedural","dispositive":"no","related_facts":"Debts became due in 2010, acknowledgment in 2012, summons issued 2014"}
• {"issue_text":"Whether arbitration clauses oust court jurisdiction","issue_type":"procedural","dispositive":"no","related_facts":"Written contracts contained arbitration clauses for South Africa"}
• {"issue_text":"Whether contracts violated exchange control regulations","issue_type":"law","dispositive":"no","related_facts":"Payment to be made in US dollars to South African account"}
• {"issue_text":"Whether ASP Marketing proceedings are properly authorized","issue_type":"procedural","dispositive":"no","related_facts":"Resolution authorized court application not action"}
• {"issue_text":"Whether claim can be made in US dollars after SI 33 of 2019","issue_type":"law","dispositive":"no","related_facts":"Debt denominated in US dollars, SI 33 introduced RTGS dollars"}
• {"issue_text":"Whether New Donnington and Rimaitidye were properly joined","issue_type":"procedural","dispositive":"no","related_facts":"Parties joined by court order in 2015"}

Background