South African Securisation Programme (RF) Ltd and Others v Vaios Kokkoris T/A Kokkoris Attorneys and Others (32802/13)
South African Securisation Programme (RF) Ltd and Others v Vaios Kokkoris T/A Kokkoris Attorneys and Others (32802/13) [2014] ZAGPJHC 399 (8 January 2014)
The court found that the exceptions raised by the defendants did not go to the heart of the plaintiffs' claims and did not dispose of the case in whole or in part. The allegations regarding the first defendant's status and the applicability of the National Credit Act were not vague or embarrassing when read in context with the alternative pleadings. The complaint regarding the second defendant's suretyship was a matter of evidence and interpretation, not suitable for determination at the exception stage. The court held that the pleadings were sufficiently clear to enable the defendants to ple…
Source excerpt
- Exception Procedure
- Pleading Requirements
- Suretyship
- Delegation Agreement
- National Credit Act
- General Laws Amendment Act