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South Africa decisions
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Emerald Capital Proprietary Limited v Pather (120770/2023) [2024] ZAGPJHC 773 (19 August 2024)
The High Court enforced a guarantor’s liability for trade-finance debt, finding that a later repayment plan did not excuse default or make the claim premature.
MFC (A Division of Nedbank Limited) v Mkhwanazi and Others (15047/2020) [2022] ZAGPJHC 203 (6 April 2022)
The High Court confirmed cancellation of an instalment sale agreement after the debtor’s death and ordered return of the vehicle, holding section 129 of the NCA did not apply to the estate controller.
Nedbank Limited v Khoza and Another (31321/2018) [2019] ZAGPJHC 171 (17 May 2019)
The court found that the deregistration of the second respondent constituted a breach of material warranties under the loan agreement and the suretyship, triggering an event of default. The respondents failed to answer or challenge the applicant's case on this point, and their arguments regarding public policy and constitutional protections were limited to other clauses not relied upon for the relief granted. The reregistration of the second respondent did not negate the fact of the breach, as the event of default occurred upon deregistration. The references to settlement negotiations in the…
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