Firstrand Bank Ltd v Louw and Another (1386/2011)
Firstrand Bank Ltd v Louw and Another (1386/2011) [2011] ZAKZDHC 77 (25 August 2011)
The court found that the affidavit in support of the summary judgment application did not comply with rule 32(2) of the Uniform Rules. The deponent, a legal manager of the plaintiff, failed to unequivocally state that he had personal knowledge of the facts relevant to the cause of action and amount claimed. His reliance appeared to be solely on company records, and there was no indication that he belonged to a class of persons with the required knowledge. The affidavit did not verify the liability of the principal debtor, which was essential for the suretyship claims against the defendants. T…
Source excerpt
- Summary Judgment
- Affidavit Requirements
- Suretyship Liability
- Rule 32 Uniform Rules
- Personal Knowledge
- Corporate Deponent