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Brayton Carlswald (Pty) Ltd and Another v Brews (245/2016) [2017] ZASCA 68; 2017 (5) SA 498 (SCA) (31 May 2017)
The Supreme Court of Appeal held that a deed of cession signed after payment of the debt was a nullity because there was no subsisting right to cede.
Lynne & Main Incorporated v Leven (3162/2006) [2009] ZAKZPHC 41 (9 September 2009)
The court found that the deed of suretyship signed by the defendant complied with section 6 of the General Law Amendment Act, as it was in writing and signed by the surety. The description of the principal debt, although general and referring to 'unlimited' amounts, was sufficient and did not render the agreement invalid. The absence of a specified ceiling does not invalidate the suretyship. The court rejected the defendant's argument that the agreement was unconscionable, finding no provision contrary to public policy, law, or morality, and noting that the terms were standard for banking sur…
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