South Africa Case Law

Firstrand Bank Limited t/a First National Bank v Sterling Industrial Resources CC and Others (218/2017)

Firstrand Bank Limited t/a First National Bank v Sterling Industrial Resources CC and Others (218/2017) [2017] ZAGPPHC 978 (20 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

218/2017

Judge

M F Legodi

A bank sought judgment on a suretyship, but the court found an ambiguity between clauses limiting liability and requiring full indebtedness, and referred the matter to oral evidence.

• Suretyship
• Contractual Interpretation
• Motion Proceedings
• Oral Evidence
• Ambiguity In Contracts
• Contractual-interpretation

Astill v Lot 54 Falcon Park CC (AR 447/2011)

Astill v Lot 54 Falcon Park CC (AR 447/2011) [2012] ZAKZPHC 10 (20 February 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 447/2011

Judges

Koen, Stretch

The court held that the operative wording of the deed of suretyship only covered obligations arising from the lease agreement executed at the time the suretyship was signed. The use of the word 'executed' as a verb indicated that only leases already entered into were covered, not future leases. The reference to 'from time to time hereafter' was qualified by the requirement that the debt arise from an agreement of lease already executed. The court found that the omission of any reference to future agreements in the operative clause, despite such reference in a subsequent clause dealing with le…

Source excerpt

• Suretyship Interpretation
• Contractual Liability
• Ambiguity In Contracts