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Radiant Group (Pty) Ltd v Xelmar (Pty) Ltd and Another (2018/3067) [2022] ZAGPJHC 189 (31 March 2022)
The High Court held that the plaintiff failed to prove a valid suretyship against the second defendant, and estoppel could not cure the statutory defect.
Nedbank Limited v Master of the High Court, Cape Town and Others (11689/2018) [2019] ZAWCHC 180 (12 December 2019)
The court found that the Master's reliance on African Life and Townsend was correct, as the identity of a juristic entity is determined by its registration number. The deed of suretyship referenced a defunct registration number and thus was not binding on the existing corporation. The applicant failed to discharge the onus required for rectification, as there was insufficient evidence of a mutual error or common intention to bind the correct entity. The application for a stay of liquidation proceedings was also dismissed, as the applicant did not establish a prima facie case or provide adequa…
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