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Lawrenson and Another v Fouche (77515/19) [2021] ZAGPPHC 371 (18 June 2021)
The High Court granted summary judgment on a dissolution agreement debt claim, rejecting unsupported defences of duress, constitutional invalidity, and NCA applicability.
Sivemangal v AM Gas & General Suppliers (Pty) Ltd and Others (10174/17P) [2020] ZAKZPHC 8 (19 March 2020)
The court found that the suretyship agreement was signed by the second defendant in the ordinary course of business during his marriage in community of property to the third defendant. Accordingly, written consent from the third defendant was not required under section 15(6) of the Matrimonial Property Act. The debt incurred thereby became a liability of the joint estate, and the plaintiff was entitled to sue both spouses under section 17(5). The Dissolution Agreement and subsequent court order created only personal rights between the second and third defendants and did not affect the plainti…
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