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South Africa decisions
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Media Development Investment Fund Inc v Peta (2014/06507) [2015] ZAGPJHC 237 (16 October 2015)
The High Court held that a deferred payment agreement did not novate a personal guarantee, and ordered the respondent to pay US$125,000 plus interest and costs.
Firstrand Bank Limited v Jackson (13022/2012) [2014] ZAKZDHC 30 (7 August 2014)
Summary judgment was refused because the defendant raised a triable defence that the suretyship may be unenforceable under Californian matrimonial-law rules.
Building Product Design Ltd v Cordustex Manufacturing (Pty) Ltd and Another (929/2012) [2012] ZAECPEHC 42 (3 July 2012)
Urgent application over termination of an equipment loan agreement was not finally decided; the court referred the matter to trial because material facts were disputed.
Monokandilos v Generale Des Carriers Et Des Mines SA (11261/2001) [2010] ZAGPPHC 184 (5 November 2010)
The court held that amended particulars did not introduce new causes of action and that the defamation prescription issue was governed by Greek law.
Jacobs and Others v Baumann NO and Others (126/08) [2009] ZASCA 43; 2009 (5) SA 432 (SCA) ; [2009] 3 All SA 398 (SCA) (8 May 2009)
The Supreme Court of Appeal held that the appointment of Wirz as executor, though procedurally flawed, was made by a competent court and stood until set aside. Therefore, the summons issued in his name was not a nullity. The substitution of Baumann as executor did not introduce a new party but merely replaced the irregularly appointed executor with the proper one. The appellants would not suffer prejudice by being deprived of the opportunity to plead prescription, as the action remained representative of the estate throughout. The court found no reason to interfere with the costs order of the…
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