South Africa Case Law

Nedbank Limited v McGlashan and Others (14714/2016)

Nedbank Limited v McGlashan and Others (14714/2016) [2016] ZAGPJHC 266 (4 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

14714/2016

Judge

Roland Sutherland

The court found that the terms of the suretyship agreements were sufficiently broad to encompass the loan agreement, not limited to the cancelled revolving credit agreement. However, the certificate of balance clause in the suretyship was unenforceable because it purported to be conclusive proof of the debt and did not allow for rebuttal, as established in the Abstein case and confirmed in Nedbank v Binder. The court rejected Nedbank's argument that 'on the face of it' should be interpreted as 'prima facie', holding that 'ex facie' is conclusive and does not admit rebuttal. The attempt to rel…

Source excerpt

• Suretyship Liability
• Certificate Of Balance
• Summary Judgment
• Public Policy Invalidity

Morley v Lambrechts (A 526/2013)

Morley v Lambrechts (A 526/2013) [2014] ZAWCHC 124 (21 August 2014)

Court

Western Cape High Court, Cape Town

Case number

A 526/2013

Judges

Binns-Ward, Fortuin, Henney

The High Court held that a disguised sale, lease and buy-back scheme over a home was contrary to public policy and void ab initio.

• Sale Of Immovable Property
• Public Policy Invalidity
• Pactum Commissorium
• Unjust Enrichment
• Lack Of Consensus
• National Credit Act