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South Africa Case Law

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Commercial And Corporate [2012] ZASCA 165

Khula Enterprise Finance Ltd v Geldenhuys and Another (745/11)

Khula Enterprise Finance Ltd v Geldenhuys and Another (745/11) [2012] ZASCA 165 (21 November 2012)

Court
Supreme Court of Appeal
Case number
745/11
Judges
Mthiyane DP, Navsa, Heher, Cachalia, Petse

The Supreme Court of Appeal held that the sureties remained liable and that the creditor’s cross-default clause allowed immediate enforcement without prior notice.

  • Suretyship Liability
  • Contract Interpretation
  • Cross Default Clause
  • Prejudice To Surety
  • Acceleration Of Debt
  • Suretyship-liability
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.