Pioneer Drill and Blast (Pty) Ltd v Deysel (055056/2023) [2024] ZAGPPHC 1131 (4 November 2024)

Pioneer Drill and Blast (Pty) Ltd v Deysel (055056/2023) [2024] ZAGPPHC 1131 (4 November 2024)

The court found that Mr Deysel is liable to Pioneer as surety and co-principal debtor for the debt owed by Deymine under the services agreement. The suretyship agreement was validly concluded, and Mr Deysel knowingly signed it in his personal capacity. The cession agreement did not extinguish or vary the obligations...

Source-derived case information.

Citation
[2024] ZAGPPHC 1131
Parties
Applicant: Pioneer Drill and Blast (Pty) Ltd; Respondent: Cornelius Johannes Deysel
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 November 2024
Case Number
055056/2023
Procedural Posture
Civil Application / Final Judgment
Outcome
Judgment is granted in favour of the applicant. The respondent is ordered to pay the sum claimed, interest, and costs on the attorney and client scale.
Judges
Woodrow
Legal Topics
Suretyship, Non Joinder, Novation, Cession Agreement, Certificate of Balance
Commercial and Corporate Civil Procedure Suretyship Non Joinder Novation Cession Agreement Certificate of Balance

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Parties

Pioneer Drill and Blast (Pty) Ltd

Applicant

Cornelius Johannes Deysel

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent is liable to the applicant under the suretyship agreement for the debt owed by Deymine (Pty) Ltd.
  2. 2 Whether the non-joinder of Deymine (Pty) Ltd is a valid defence to the claim against the respondent.
  3. 3 Whether the cession agreement extinguished or varied the respondent's liability under the suretyship.

Ratio Decidendi

The court found that Mr Deysel is liable to Pioneer as surety and co-principal debtor for the debt owed by Deymine under the services agreement. The suretyship agreement was validly concluded, and Mr Deysel knowingly signed it in his personal capacity. The cession agreement did not extinguish or vary the obligations of Deymine or Mr Deysel; it merely provided additional security for Pioneer. The defence of non-joinder was rejected, as Deymine does not have a direct and substantial legal interest in the subject matter of the litigation. The court held that no real, genuine, or bona fide dispute of fact exists that would warrant referral to oral evidence. Accordingly, Mr Deysel is ordered...

Court Disposition

Judgment is granted in favour of the applicant. The respondent is ordered to pay the sum claimed, interest, and costs on the attorney and client scale.

Orders

  • The respondent is directed to pay to the applicant the sum of R3,661,455.25.
  • The respondent is directed to pay interest on the sum of R3,661,455.25 calculated at the rate of 10.75% per annum a tempore morae to date of final payment.