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Usury Act, 1968 (Act No. 73 of 1968)

8. Position of bona fide holder for value of instrument of debt

 

 

Any person who becomes a bona fide holder for value before maturity, of any instrument of debt discounted by a previous holder at an annual finance charge rate exceeding that authorized by this Act or in respect of which finance charges have been stipulated for, demanded or received at an annual finance charge rate exceeding the rate so authorized, may nevertheless recover the amount owing in terms of the instrument of debt, but the party from whom the said amount is so recovered, may reclaim from the said previous holder or from any person who has received finance charges in respect thereof at an unauthorized annual finance charge rate, an amount equal to the amount stipulated for, demanded or received in respect of finance charges in excess of the amount allowed by this Act.