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South Africa Case Law

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Land And Property [2024] ZAKZPHC 70

ABSA Home Loans Fuarantee Company (RF) Proprietary Limited and Another v Govender and Others (4370/2022P)

ABSA Home Loans Fuarantee Company (RF) Proprietary Limited and Another v Govender and Others (4370/2022P) [2024] ZAKZPHC 70 (2 August 2024)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
4370/2022P
Judge
Mngadi

The court granted judgment for the ABSA applicants, ordered payment of the outstanding debt with interest and costs, and declared the property specially executable.

  • Mortgage Loan Agreement
  • Indemnity Bond
  • Suretyship
  • Special Executability
  • Default And Breach
  • Costs On Attorney And Client Scale
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Civil Procedure [2024] ZAECMKHC 13

Changing Tides 17 (Pty) Ltd N.O. v Pasiya and Others (62/2023)

Changing Tides 17 (Pty) Ltd N.O. v Pasiya and Others (62/2023) [2024] ZAECMKHC 13 (30 January 2024)

Court
Eastern Cape High Court, Makhanda
Case number
62/2023
Judge
JE Smith

Summary judgment was granted on a home-loan indemnity claim, with the court rejecting a debtor’s alleged delictual counter-claim based on an asserted duty of care.

  • Summary Judgment
  • Indemnity Bond
  • Duty Of Care
  • Pure Economic Loss
  • National Credit Act Compliance
  • Summary-judgment
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Civil Procedure [2017] ZAGPJHC 380

Mansela v Nqaba Guarantee SPV (Pty) Ltd (16474/15)

Mansela v Nqaba Guarantee SPV (Pty) Ltd (16474/15) [2017] ZAGPJHC 380 (2 June 2017)

Court
South Gauteng High Court, Johannesburg
Case number
16474/15
Judge
M Victor

The High Court dismissed a rescission application, holding that the indemnity bondholder was not required to be registered under the National Credit Act.

  • Rescission Of Judgment
  • Indemnity Bond
  • National Credit Act
  • Fraud Allegations
  • Rescission-of-judgment
  • Indemnity-bond
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Civil Procedure [2010] ZAECPEHC 1

Changing Tides 17 (Pty) Ltd v Hattingh and Another (2213/09)

Changing Tides 17 (Pty) Ltd v Hattingh and Another (2213/09) [2010] ZAECPEHC 1 (19 January 2010)

Court
Eastern Cape High Court, Port Elizabeth
Case number
2213/09
Judge
Roberson

Summary judgment was refused in a loan enforcement matter because the defendants raised a triable issue over debt review under the National Credit Act.

  • Summary Judgment
  • National Credit Act
  • Debt Review
  • Suretyship
  • Indemnity Bond
  • Summary-judgment
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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.