Dupont Agricole De Portugal S A v Lexrac Investments (Private) Limited & 8 Ors

Key Issues

• {"issue_text":"Whether the debt has prescribed given it became due on 31 December 2018 and application filed on 3 August 2023","issue_type":"procedural","dispositive":"no","related_facts":"Debt due date 31 December 2018, application filed 3 August 2023, mortgage bond security"}
• {"issue_text":"Whether the deponent had proper authority to institute proceedings on behalf of applicant","issue_type":"procedural","dispositive":"no","related_facts":"Board resolution dated 17 May 2023, corporate authorization requirements"}
• {"issue_text":"Whether applicant has locus standi to bring these proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's capacity not pleaded in founding affidavit, parties' litigation history"}
• {"issue_text":"Whether there are material disputes of fact that cannot be resolved on paper","issue_type":"procedural","dispositive":"yes","related_facts":"Allegations of fraud, dispute over lawfulness of loan agreements, previous action resulted in absolution"}

Background