Botes v Sandvik Mining RSA (Pty) Ltd (CA&R47/2019)
Botes v Sandvik Mining RSA (Pty) Ltd (CA&R47/2019) [2020] ZANCHC 29 (12 June 2020)
The court held that the deed of suretyship signed by the appellant was valid and enforceable, as it complied with section 6 of the General Law Amendment Act by embodying all terms in a written document signed by the surety. The court found that the document was not a joint suretyship requiring signatures from all directors, and the absence of other signatures did not invalidate the agreement. Written consent to the jurisdiction of the magistrate's court was established through clause 8 of the deed of suretyship and clause 15 of the credit application, both signed by the appellant. The court a…
Source excerpt
- Magistrates Court Jurisdiction
- Contract Of Suretyship
- Written Consent
- Credit Facility Agreement
- Section 6 General Law Amendment Act
- Turquand Rule