bona fides
Literal translation
genuinely or in good faith
Legal meaning
The principle of acting in good faith, which is a requirement that a party must act honestly and in the absence of fraud. It often refers to financial transactions where one party has acted without any fraudulent intent.
Examples
- In the De J S 18/2009 (CCT 53/09) at the hearing of appeal, the court considered whether there was a bona fide basis for an appeal.
- In K van Zyl SWJ 1997 (4) B & C Law 26–31 (May 1997), it was discussed how the principle of acting in good faith applies to various legal contexts.
Cases citing this term
- 🇿🇦 Westminster Tobacco Co (Cape Town and London) (Pty) Ltd v Philip Morris Products S.A.
- 🇿🇼 Otto Drives Construction (Pvt) Limited v Shanes Autoelectrics and OthersHigh Court (Harare)
- 🇿🇼 Lilian Maruva Masombo v Puzzle Blessing HlahlaHigh Court (Harare)· HC 297/16
- 🇿🇦 Etraction (Pty) Ltd v Tyrecor (Pty) LtdSupreme Court of Appeal of South Africa· 2015-05-28· 20185/2014
May 2015 Summary: Trade mark – infringement by use of identical mark – defence of prior bona fide use – s 36(1) of the Trade Marks Act 194 of 1993 – requirement
- 🇿🇦 Freshvest Investments (Proprietary) Limited v Marabeng (Proprietary) LimitedSupreme Court of Appeal of South Africa· 2016-11-24· 1030/2015
November 2016 Delivered: 24 November 2016 Summary: Winding-up application: respondent disputing debt on bona fide and reasonable grounds: court a quo referring matter to oral evidence: winding-up proceedings
- 🇿🇦 Ronel Noleen Smit v Calvin KleinhansSupreme Court of Appeal of South Africa· 2021-10-18· 917/2020
Summary: Vindication of property by non-owner – rei vindicatio not available to non-owner – bona fide possessor entitled to reclaim possession of property by way of a possessory remedy. ORDER
- 🇿🇦 EH Hassim Hardware (Pty) Ltd v Fab Tanks CCSupreme Court of Appeal of South Africa· 2017-10-13· 1129/2016
appeal may only interfere if power not properly exercised – court a quo erred - bona fide defence – carries prima facie reasonable prospects of success – appeal succeeds with costs. ______________________________________________________________ ORDER ______________________________________________________________ On appeal
- 🇿🇼 V Daya and Company and Mr Daya v Savanna Tobacco (Private) LimitedHigh Court (Harare)
- 🇿🇼 Oxford Aggro Chemicals (Pvt) Ltd and Ors v ZB Bank LtdHigh Court (Harare)
- 🇿🇼 David Jaji Hwehwe v Falcon Gold Zimbabwe LimitedHigh Court (Harare)· HCHC 433-25
Live search across the public SA + ZW case corpus. Results may include false positives where the same Latin lexeme appears in a different context.