South Africa Case Law

Liberty Group Ltd v Singh and Another (9105/2011)

Liberty Group Ltd v Singh and Another (9105/2011) [2012] ZAKZDHC 33; 2012 (5) SA 526 (KZD) (7 June 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

9105/2011

Judge

K. Swain

The court held that an attorney with a certificate of right of appearance issued by the Registrar of another division is entitled to appear and sign pleadings qua advocate in any division, but not qua attorney unless enrolled in that division. The procedural irregularity in the signing of the combined summons was condoned as no prejudice was shown. The broking agreement did not constitute a 'secured loan' under the National Credit Act, and thus compliance with Rule of Practice No. 28 was not required. The defendants failed to provide sufficient particulars to establish a bona fide defence, an…

Source excerpt

• Right Of Appearance Act
• Attorneys Act
• Summary Judgment
• Secured Loan Definition
• Condonation Of Irregularity

Absa Bank Ltd v Uys (4922/2011)

Absa Bank Ltd v Uys (4922/2011) [2011] ZAWCHC 231 (19 May 2011)

Court

Western Cape High Court, Cape Town

Case number

4922/2011

Judge

Cleaver

The court granted Absa provisional perfection of a notarial bond, holding section 129 NCA notice was not required for the main debt secured by a suretyship excluded from the Act.

• Notarial Bond Perfection
• National Credit Act Application
• Secured Loan Definition
• Rule 6 5 D Iii Point Of Law
• Notarial-bond-perfection
• National-credit-act

Absa Bank Ltd v Uys (4922/2011)

Absa Bank Ltd v Uys (4922/2011) [2011] ZAWCHC 50 (16 March 2011)

Court

Western Cape High Court, Cape Town

Case number

4922/2011

Judge

Cleaver

The court granted summary judgment perfeсting a notarial bond, holding that no section 129 notice was required for the main indebtedness tied to a suretyship outside the NCA.

• Notarial Bond Perfection
• National Credit Act Application
• Secured Loan Definition
• Summary Judgment Procedure
• Notarial-bond-perfection
• National-credit-act