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South Africa Case Law

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Commercial And Corporate [2024] ZAMPMBHC 86

Hollard Insurance Company Limited v Lynco Projects (Pty) Limited and Others (1173/2023)

Hollard Insurance Company Limited v Lynco Projects (Pty) Limited and Others (1173/2023) [2024] ZAMPMBHC 86 (17 December 2024)

Court
Mbombela High Court, Mpumalanga
Case number
1173/2023
Judge
TV Ratshibvumo

The High Court enforced a guarantee indemnity, holding that supervening impossibility in the underlying contract did not defeat the independent reimbursement claim.

  • Guarantee And Indemnity
  • Suretyship
  • Enforcement Of Security
  • Attorney And Client Costs
  • Guarantee-and-indemnity
  • Supervening-impossibility
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Banking And Finance [2023] ZAFSHC 13

SB Guarantee Company (RF) Proprietary v Mahlangu (3979/2020)

SB Guarantee Company (RF) Proprietary v Mahlangu (3979/2020) [2023] ZAFSHC 13 (23 January 2023)

Court
Free State High Court, Bloemfontein
Case number
3979/2020
Judge
Mhlambi

The court dismissed summary judgment, holding the plaintiff had not shown a perfected right of action under the indemnity for the later loan breach.

  • Home Loan Agreement
  • Guarantee And Indemnity
  • Summary Judgment
  • National Credit Act
  • Mortgage Bond Enforcement
  • Summary-judgment
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Civil Procedure [2022] ZAKZPHC 71

Absa Bank and Another v Naidoo (2570/2021P)

Absa Bank and Another v Naidoo (2570/2021P) [2022] ZAKZPHC 71 (15 November 2022)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
2570/2021P
Judge
Mossop

The High Court dismissed exceptions to a bank’s particulars of claim, holding that joinder was permissible and that the pleaded cause of action was not defeated by demand on a guarantor.

  • Joinder Of Parties
  • Credit Provider Registration
  • National Credit Act
  • Guarantee And Indemnity
  • Exception Procedure
  • Exception-procedure
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Banking And Finance [2016] ZAGPJHC 128

Changing Tides 17 (Pty) Ltd N.O v Congwane (2015/94919)

Changing Tides 17 (Pty) Ltd N.O v Congwane (2015/94919) [2016] ZAGPJHC 128 (30 May 2016)

Court
South Gauteng High Court, Johannesburg
Case number
2015/94919
Judge
Spilg

Default judgment was refused in a securitised home-loan claim because the guarantee terms, liability calculation, and calling-up of the guarantee were not properly pleaded or proved.

  • National Credit Act
  • Securitisation
  • Guarantee And Indemnity
  • Consumer Protection Act
  • Certificate Of Indebtedness
  • Default-judgment
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Commercial And Corporate [1996] ZASCA 50

Venter and Others v Credit Guarantee Insurance Corporation of Africa Ltd. and Another (88/94)

Venter and Others v Credit Guarantee Insurance Corporation of Africa Ltd. and Another (88/94) [1996] ZASCA 50; 1996 (3) SA 966 (SCA); (13 May 1996)

Court
Supreme Court of Appeal
Case number
88/94
Judges
Hefer, F H Grosskopf, Nienaber, Schutz, Zulman

The court upheld liability for a R63,323 shortfall under an undertaking tied to a compromise arrangement, and upheld the first respondent’s cross-appeal against the first appellant.

  • Guarantee And Indemnity
  • Contractual Consensus
  • Public Policy
  • Costs Orders
  • Contract-law
  • Public-policy
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.