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South Africa decisions
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Van Den Berg v Sayers N.O and Another (2645/2015) [2018] ZAGPPHC 411 (12 June 2018)
Application over disputed lease and suretyship issues referred to trial; attached funds are to be held in trust pending finalisation of the action.
Firstrand Bank Ltd T/A Criterion Finance, A Division of Wesbank v Driescher (2008/32119) [2014] ZAGPJHC 265 (17 October 2014)
Interlocutory application to uplift a bar for filing a replication failed because the proposed replication was legally unsustainable and the suretyship did not bind the defendant personally.
Astill v Lot 54 Falcon Park CC (AR 447/2011) [2012] ZAKZPHC 10 (20 February 2012)
The court held that the operative wording of the deed of suretyship only covered obligations arising from the lease agreement executed at the time the suretyship was signed. The use of the word 'executed' as a verb indicated that only leases already entered into were covered, not future leases. The reference to 'from time to time hereafter' was qualified by the requirement that the debt arise from an agreement of lease already executed. The court found that the omission of any reference to future agreements in the operative clause, despite such reference in a subsequent clause dealing with le…
Source excerpt
Lynn & Main Incorporated v Brits Community Sandworks CC (348/2007) [2008] ZASCA 100; 2009 (1) SA 308 (SCA); [2009] 1 All SA 116 (SCA) (17 September 2008)
The court held that a cession of suretyship rights was valid without prior written notice; notice was needed only to make it effective against the surety.
Durandt v Fedsure General Insurance Ltd (421/2003) [2004] ZASCA 119; 2005 (3) SA 350 (SCA) (30 November 2004)
The Supreme Court of Appeal held that an innocent joint trustee was not liable for a co-trustee’s theft under the undertaking and bond of security.
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