South Africa Case Law

Telkom SA SOC Ltd v Pillay (27532/21)

Telkom SA SOC Ltd v Pillay (27532/21) [2023] ZAGPJHC 296 (3 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

27532/21

Judge

T P Mudau

The court found that the respondent, by signing the deed of suretyship, bound himself as surety and co-principal debtor for the debts of R&R Wholesalers arising from the dealer agreement with Telkom. The evidence, including contemporaneous email correspondence and the wording of the suretyship, established that the respondent was aware of the nature and scope of the security provided. The respondent failed to discharge the onus of proving iustus error or any misrepresentation by Telkom. The court held that the suretyship covered the debt claimed and was enforceable against the respondent. The…

Source excerpt

• Suretyship
• Rectification Of Contract
• Dealer Agreement
• Enforcement Of Security
• Quantum Of Debt

Even Properties CC v Waseem Auto CC and Others (2022/13715)

Even Properties CC v Waseem Auto CC and Others (2022/13715) [2023] ZAGPJHC 93 (7 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/13715

Judge

Strydom

The court granted eviction against the first respondent and referred the arrear-rental claim and third respondent’s liability to trial.

• Eviction Of Commercial Tenant
• Lease Agreement Breach
• Suretyship Liability
• Quantum Of Debt
• Referral To Trial
• Commercial-eviction

Morgan Cargo (Pty) Ltd v Zakharov (11850/20)

Morgan Cargo (Pty) Ltd v Zakharov (11850/20) [2022] ZAWCHC 132 (4 July 2022)

Court

Western Cape High Court, Cape Town

Case number

11850/20

Judge

Thulare

The High Court granted summary judgment on a suretyship debt, rejecting denials of signature, quantum, and enforceability as not bona fide defences.

• Summary Judgment
• Suretyship
• Quantum Of Debt
• Admissibility Of Evidence
• Contractual Liability
• Summary-judgment

Absa Bank Limited v Molepo (21651/13)

Absa Bank Limited v Molepo (21651/13) [2020] ZAGPPHC 478 (4 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

21651/13

Judge

Fabricius

The court granted ABSA Bank leave to amend its particulars of claim to correct the loan terms, debt amounts, interest rate, and related property details.

• Amendment Of Pleadings
• Mortgage Loan Agreement
• Default And Enforcement
• Quantum Of Debt
• Interest Rate Variation
• Amendment-of-pleadings

First Rand Bank Ltd v Moroka and Others (50425/2016; 56228/2016)

First Rand Bank Ltd v Moroka and Others (50425/2016; 56228/2016) [2020] ZAGPPHC 227 (12 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

50425/2016; 56228/2016

Judge

J Holland-Muter

The High Court granted First Rand Bank money judgments after finding the respondents liable for arrears on two credit facilities and rejecting their procedural and merits defences.

• Credit Facility Enforcement
• Suretyship Liability
• National Credit Act Compliance
• Service Of Process
• Quantum Of Debt
• Credit-facility-enforcement

African Pipes Valves & Fittings (Pty) Limited v Jordaan and Another (2685/19)

African Pipes Valves & Fittings (Pty) Limited v Jordaan and Another (2685/19) [2020] ZAMPMHC 28 (10 January 2020)

Court

Middelburg High Court, Mpumalanga

Case number

2685/19

Judge

Brauckmann

The court granted judgment against sureties for a proven debt, holding that a certificate of balance was prima facie proof and the respondents raised only bald denials.

• Suretyship
• Certificate Of Balance
• Liquid Document
• Motion Proceedings
• Quantum Of Debt
• Certificate-of-balance

Berg and Others v Absa Bank Limited (20155/2006/; 17103/2008)

Berg and Others v Absa Bank Limited (20155/2006/; 17103/2008) [2015] ZAGPPHC 704 (7 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

20155/2006; 17103/2008

Judge

D S Fourie

The High Court granted condonation and rescinded default judgments against sureties, finding a reasonable default explanation and a prima facie defence on quantum.

• Rescission Of Default Judgment
• Condonation Of Late Filing
• Suretyship Liability
• Quantum Of Debt
• Allocation Of Payments
• Rescission-of-default-judgment

Standard Bank of South Africa v Kunene and Another (1897/2011)

Standard Bank of South Africa v Kunene and Another (1897/2011) [2015] ZAGPPHC 384 (5 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

1897/2011

Judge

Dewrance

The High Court granted Standard Bank judgment on a mortgage debt, rejected disability-cover and estoppel defences, and declared the home executable.

• Mortgage Bond Enforcement
• Specific Performance
• Insurance Dispute
• Estoppel
• Quantum Of Debt
• Execution Against Primary Residence

Cembrick Manufacturers CC v Dube (2030/2012)

Cembrick Manufacturers CC v Dube (2030/2012) [2015] ZAFSHC 92 (21 May 2015)

Court

Free State High Court, Bloemfontein

Case number

2030/2012

Judge

A Kruger

High Court case on suretyship liability for goods supplied on credit, with the debt reduced by payments made through a subcontractor.

• Suretyship
• Principal Debt
• Credit Agreement
• Cession Of Book Debts
• Quantum Of Debt
• Principal-debt

Antalis South Africa (Pty) Ltd v C N.O. (73947/2010)

Antalis South Africa (Pty) Ltd v C N.O. (73947/2010) [2014] ZAGPPHC 484 (20 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

73947/2010

Judge

Makhubele AJ

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

• Suretyship
• Release Of Surety
• Prejudicial Conduct
• Quantum Of Debt
• Execution Of Judgment