Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2011] ZANCHC 35

Land and Agricultural Development Bank of South Africa v Du Preez and Others (1373/04)

Land and Agricultural Development Bank of South Africa v Du Preez and Others (1373/04) [2011] ZANCHC 35 (25 November 2011)

Court
Northern Cape High Court, Kimberley
Case number
1373/04
Judge
MV Phatshoane

The court found that the suretyship agreements were void due to impossibility of performance. The Land Bank, as creditor, was unable to cede its rights or security to the sureties because the relevant statutory provisions conferring such rights were declared unconstitutional and invalid before the liquidation of Grapex. The inability to cede the claim or security rendered performance under the suretyship agreements impossible, thereby releasing the defendants from their obligations as sureties. The court also held that the amendment to the plea introducing this defence raised a serious triabl…

Source excerpt

  • Suretyship
  • Impossibility Of Performance
  • Cession Of Actions
  • Statutory Security
  • Amendment Of Pleadings
Read case analysis
Commercial And Corporate [1996] ZASCA 3

Barlows Tractor Company (Pty) Ltd. v Townsend (727/93)

Barlows Tractor Company (Pty) Ltd. v Townsend (727/93) [1996] ZASCA 3; 1996 (2) SA 869 (SCA); [1996] 2 All SA 105 (A); (23 February 1996)

Court
Supreme Court of Appeal
Case number
727/93
Judges
Nestadt, Joubert, Van Coller, Harms, F H Grosskopf

The Supreme Court of Appeal held that Barlows's withdrawal of its claim from proof did not amount to abandonment and did not result in the loss of its security as a creditor. The statutory framework permits a creditor to withdraw a claim from proof and subsequently institute legal proceedings to enforce the claim. Upon obtaining judgment, section 78(3) of the Insolvency Act deems the claim to have been proved and admitted against the estate, provided proof was tendered at a meeting of creditors, which Barlows had done. The court found that the relevant statutory provisions do not require reje…

Source excerpt

  • Suretyship
  • Liquidation Procedure
  • Secured Creditor Rights
  • Proof Of Claim
  • Cession Of Actions
Read case analysis

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.