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South Africa Case Law

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Civil Procedure [2024] ZAMPMBHC 87

Janse van Rensburg v Massmart Wholesale (Pty) Ltd t/a Shield Buying and Distribution (2903/2022)

Janse van Rensburg v Massmart Wholesale (Pty) Ltd t/a Shield Buying and Distribution (2903/2022) [2024] ZAMPMBHC 87 (27 December 2024)

Court
Mbombela High Court, Mpumalanga
Case number
2903/2022
Judge
TV Ratshibvumo

The High Court rescinded a default judgment against a surety, finding no wilful default, triable defences on the debt, and good cause for condonation.

  • Rescission Of Judgment
  • Suretyship Liability
  • Default Judgment
  • Condonation
  • Beneficium Excussionis
  • Rescission-of-judgment
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Banking And Finance [2013] ZAECPEHC 26

ABSA Bank Ltd v Herman and Another (535/2013)

ABSA Bank Ltd v Herman and Another (535/2013) [2013] ZAECPEHC 26 (9 May 2013)

Court
Eastern Cape High Court, Port Elizabeth
Case number
535/2013
Judge
N G Beshe

Summary judgment was granted to ABSA Bank against two sureties on co-principal debtor suretyships for unpaid banking debts.

  • Suretyship Liability
  • Certificate Of Indebtedness
  • Beneficium Excussionis
  • Summary Judgment Procedure
  • Liquid Document
  • National Credit Act
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Civil Procedure [2012] ZAECPEHC 75

Mbane v Eastern Cape Development Corporation (3452/2010)

Mbane v Eastern Cape Development Corporation (3452/2010) [2012] ZAECPEHC 75 (26 April 2012)

Court
Eastern Cape High Court, Port Elizabeth
Case number
3452/2010
Judge
P.W. Tshiki

The High Court dismissed an application to rescind a default judgment, holding that the applicant had not shown a bona fide defence or a proper explanation for default.

  • Rescission Of Judgment
  • Suretyship
  • National Credit Act
  • Default Judgment
  • Beneficium Excussionis
  • Rescission-of-judgment
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Commercial And Corporate [2010] ZAWCHC 651

Deyzel v Fastpulse Trading 461 and Another (2043/09)

Deyzel v Fastpulse Trading 461 and Another (2043/09) [2010] ZAWCHC 651 (8 February 2010)

Court
Western Cape High Court, Cape Town
Case number
2043/09
Judge
S Olivier

The High Court granted provisional sentence against a second defendant who had signed a cheque a second time as “surety”, finding liability under section 54A.

  • Bills Of Exchange
  • Suretyship
  • Aval Liability
  • Material Alteration
  • Provisional Sentence
  • Beneficium Excussionis
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About this LexChat collection

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.