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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1371

Nqaba Guarantee SPV (Pty) Ltd and Another v Khayelihle Trust and Another (47603/2017)

Nqaba Guarantee SPV (Pty) Ltd and Another v Khayelihle Trust and Another (47603/2017) [2023] ZAGPJHC 1371 (27 November 2023)

Condonation for late leave-to-appeal filing was granted, but leave to appeal was refused. The court found no merit in fraud, interest-rate, debt-review, or jurisdiction challenges.

  • Leave To Appeal
  • Condonation For Late Filing
  • Fraudulent Misrepresentation
  • Variable Interest Rate
  • Debt Review Order
  • Jurisdiction
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Civil Procedure [2023] ZAGPJHC 444

Nedbank Limited v Malusi (18276/2021)

Nedbank Limited v Malusi (18276/2021) [2023] ZAGPJHC 444 (9 May 2023)

Default judgment was granted for unpaid loan amounts, variable interest, enforcement costs, and declaration of a sectional title property specially executable.

  • Default Judgment
  • Special Executability
  • Variable Interest Rate
  • Sectional Title Property
  • National Credit Act
  • Enforcement Costs
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Banking And Finance [2008] ZAGPHC 423

Firstrand Bank Ltd v Carl Beck Estates (Pty) Ltd and Another (56174/2007)

Firstrand Bank Ltd v Carl Beck Estates (Pty) Ltd and Another (56174/2007) [2008] ZAGPHC 423 (25 September 2008)

Summary judgment was granted for a reduced debt amount. The court held the NCA did not apply to the juristic-person borrower or the surety, and no section 129 notice was required.

  • National Credit Act
  • Summary Judgment
  • Suretyship
  • Mortgage Bond
  • Certificate Of Balance
  • Variable Interest Rate
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.