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South Africa decisions
Decisions matching the current search
Leeuw v S (R81/2020) [2021] ZAFSHC 132 (13 May 2021)
On special review, the High Court set aside a conviction under section 36 of the General Laws Amendment Act because the section 112(2) plea lacked a factual basis.
Stan Rio Pipe and Steel (Pty) Ltd v Esterhuizen (64166/2015) [2016] ZAGPPHC 35 (29 January 2016)
The court found that the deed of suretyship, although the name of the principal debtor was left blank, was valid as the identity of the principal debtor could be ascertained from the documents as a whole, in line with the Supreme Court of Appeal's decision in Industrial Development Corporation of SA (Pty) Limited v Dale Clifford Sliver. The business rescue plan of the principal debtor does not affect the liability of the surety, as the statutory moratorium is a personal defence and does not extend to sureties unless the plan specifically provides for it. The defendant failed to raise a bona f…
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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…
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