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Hei Way Supply (Pty) Ltd v Simons (6314/19P) [2021] ZAKZPHC 94 (16 November 2021)
Summary judgment was granted against a surety on a credit account. The court held the suretyship was not limited by the blank credit limit and rejected prejudice-based defences.
ABSA Bank Limited v Loggenberg and Another (31306/2009) [2018] ZAGPPHC 915 (5 November 2018)
The court found that the plaintiff established its claim against the defendant based on the valid suretyship agreement and the unrebutted certificate of balance, which constitutes prima facie proof of indebtedness. The defendant failed to discharge the evidentiary burden to rebut the quantum of the debt or the correctness of the interest calculation. The court rejected the defendant's argument that the plaintiff was obliged to sell the property at a price sufficient to extinguish the debt, finding no such obligation in the loan or suretyship agreements. The court further held that the defenda…
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