South Africa Case Law

Absa Bank Limited v Rena Business Solutions (Pty) Ltd and Others (2022/2098)

Absa Bank Limited v Rena Business Solutions (Pty) Ltd and Others (2022/2098) [2023] ZAGPJHC 708 (15 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/2098

Judge

T P Mudau

The court found that the defendants failed to establish a bona fide defence to the plaintiff's claim. The payments relied upon by the defendants were made to a different account and not to the Covid-19 loan account in question. The email relied upon by the defendants did not support their contention, as some payments predated the conclusion of the loan agreement and related to other accounts. The suretyship agreements were clearly headed and signed, and the defendants did not provide sufficient evidence to show that their signatures were obtained under a justifiable error. Accordingly, the pl…

Source excerpt

• Summary Judgment
• Suretyship
• Liquidated Claim
• National Credit Act
• Defences To Summary Judgment

Nedbank Limited v Coetzee and Others (28302/2014)

Nedbank Limited v Coetzee and Others (28302/2014) [2014] ZAGPPHC 762 (10 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

28302/2014

Judge

EM Kubushi

The High Court granted summary judgment on one banking claim but dismissed it on the suretyship claim, finding the defendants raised a bona fide defence.

• Suretyship
• Summary Judgment
• Banking Facility Agreement
• Defences To Summary Judgment
• Counterclaim
• Interest Calculation

FirstRand Bank Ltd v Van Niekerk NO and Others (2738/2010)

FirstRand Bank Ltd v Van Niekerk NO and Others (2738/2010) [2010] ZAECPEHC 74 (17 December 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2738/2010

Judge

N. Dambuza

The High Court granted summary judgment for the bank on a mortgage-loan claim, rejecting defences based on feasibility studies, misrepresentation, and overvaluation.

• Summary Judgment
• Mortgage Bond Enforcement
• Suretyship Liability
• Sectional Title Scheme
• Defences To Summary Judgment
• Bank Duties In Lending