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South Africa decisions
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Roseveare and Others v Simelane and Others (27833/2021) [2022] ZAGPJHC 838 (24 October 2022)
The High Court refused a third postponement, struck the first respondent’s defence, and allowed the applicants to proceed with relief over disputed share valuations.
Antalis South Africa (Pty) Ltd v C N.O. (73947/2010) [2014] ZAGPPHC 484 (20 March 2014)
The court held that the respondents' obligations as sureties were not extinguished by the applicant's receipt of payment from Fastpulse Trading 368 (Pty) Ltd, nor by the subsequent payment to Capital Assurance. The suretyship agreement expressly permitted the applicant to make arrangements with other sureties and did not require the release of the respondents upon payment by another. Prejudicial conduct by the creditor does not, in itself, release a surety unless it constitutes a breach of a legal duty or obligation. The applicant's conduct was found to be within its contractual rights and no…
Source excerpt
ABSA Bank Ltd v Swart and Others (3753/2011) [2013] ZAECPEHC 4 (31 January 2013)
The High Court granted summary judgment on suretyships, rejecting rectification and prejudicial-conduct defences for lack of sufficient facts.
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