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South Africa decisions
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Dolbey v Nedbank Limited (AR148/2022) [2023] ZAKZPHC 150 (24 November 2023)
The High Court dismissed an appeal over whether the appellant signed a suretyship in favour of Nedbank, upholding the trial court’s credibility findings.
Engen Petroleum Ltd v Nirghin (21822/2022) [2023] ZAGPJHC 1150 (4 October 2023)
The High Court granted Engen Petroleum Ltd's money judgment on a suretyship claim, rejected a prescription defence, and awarded attorney-and-client costs.
Chetty v Barloworld South Africa (240/2019) [2023] ZAGPPHC 39 (23 January 2023)
The High Court dismissed an unrepresented applicant’s rescission application, finding no error in a default judgment or basis for common-law rescission.
Moller N.O and Another v Murray N.O and Others (2308/2021) [2021] ZAMPMBHC 34 (26 July 2021)
The court found that the applicants failed to establish a prima facie right to the interim relief sought. The validity of the suretyship agreement and compliance with section 45 of the Companies Act had already been considered and rejected by both the court a quo and the Supreme Court of Appeal during prior proceedings. Without a right requiring protection, the applicants could not demonstrate irreparable harm or that the balance of convenience favoured them. The prospects of success in the main application to set aside the liquidation were found to be minimal, and thus the application for in…
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First National Bank, A Division of First Rand Bank Limited v Antley Lighting (Pty) Ltd and Others (31890/2019) [2021] ZAGPPHC 421 (11 June 2021)
The High Court dismissed an exception to a simple summons, holding that the attack should have been directed at the declaration, not the summons.
Garagesure Consultants and Acceptances (Pty) Ltd v Shamah Filling Station t/a Total Oranjesig and Another (4129/2016) [2018] ZAFSHC 102 (19 June 2018)
The High Court refused absolution from the instance and granted judgment for R500,000, holding the plaintiff had proved the suretyship claim and the defendants had led no rebuttal.
Incredible Sand (Pty) Limited v Bucon Development and Construction (Pty) Limited and Another (90421/2016) [2017] ZAGPPHC 430 (2 August 2017)
The court considered whether a suretyship lacking the debtor’s name could be read with an acknowledged debt it referenced. It held the matter should proceed and refused provisional sentence.
Nedbank Ltd v Simcha Properties 12 CC and Others (341/2014) [2015] ZAFSHC 3 (5 February 2015)
The court held that the plaintiff's particulars of claim sufficiently alleged compliance with section 129(1)(a) of the National Credit Act by stating that the notice was delivered by registered post to the correct domicilium citandi et executandi. The address used was consistent with the loan agreement and mortgage bond, and any dispute regarding actual receipt or notification is a matter for evidence, not exception proceedings. The court further found that the plaintiff pleaded the material terms of the suretyship agreement and attached the agreement to the particulars of claim, satisfying t…
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Destination Capital (Pty) Ltd v Xekalos and Others (45993/2013) [2014] ZAGPPHC 379 (16 May 2014)
The court granted judgment on a suretyship debt, rejected authority and signature defences, and declared two of the fifth respondent’s properties specially executable.
Spartan Technology Rentals (Pty) Ltd v Quipsell Trading 1041 CC and Others (801/2010) [2011] ZAFSHC 13 (27 January 2011)
The High Court held that items not objected to during taxation cannot be reviewed under Rule 48. The review of taxation was dismissed.
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