Esheria South Africa Case Law
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South Africa Case Law

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Civil Procedure [2019] ZASCA 33

De Waal Alberts and Others v Nel NO (128/2018)

De Waal Alberts and Others v Nel NO (128/2018) [2019] ZASCA 33 (28 March 2019)

Court
Supreme Court of Appeal
Case number
128/2018
Judges
Leach, Tshiqi, Zondi, Davis, Eksteen

The Supreme Court of Appeal held that summary judgment should not have been granted because the alleged guarantee raised a bona fide defence and was unclear.

  • Summary Judgment
  • Bona Fide Defence
  • Joint And Several Liability
  • Company Guarantee
  • Directors Liability
  • Summary-judgment
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Commercial And Corporate [2006] ZASCA 36

Gardner and Another v Margo (549/04)

Gardner and Another v Margo (549/04) [2006] ZASCA 36; [2006] 3 All SA 229 (SCA); 2006 (6) SA 33 (SCA) (28 March 2006)

Court
Supreme Court of Appeal
Case number
549/04
Judges
Scott, Zulman, Van Heerden, Maya, Cachalia

The Supreme Court of Appeal interpreted a share-sale mandate as entitling the seller to 40 cents per share, with excess proceeds payable to OTR, and upheld OTR's secondary guarantor liability.

  • Contract Interpretation
  • Company Guarantee
  • Financial Assistance
  • Mandate
  • Rectification
  • Unjust Enrichment
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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.