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South Africa Case Law

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Land And Property [2021] ZAGPJHC 801

Moranduzzo v Stewart and Another (16049/2021)

Moranduzzo v Stewart and Another (16049/2021) [2021] ZAGPJHC 801 (22 October 2021)

Court
South Gauteng High Court, Johannesburg
Case number
16049/2021
Judge
Oosthuizen-Senekal CSP

The court found that a valid lease agreement existed between the applicant and first respondent, despite the lack of signature by the respondent, as her conduct indicated acceptance of the agreement. The respondent's occupation and payment of rental confirmed the existence and terms of the lease. The respondent failed to pay rental as required, resulting in arrears and valid termination of the lease. The alleged waiver of arrear rental was conditional upon the respondent vacating the property by a stipulated date, which she failed to do; thus, the waiver did not take effect. The court held th…

Source excerpt

  • Lease Agreement
  • Arrear Rental
  • Waiver Of Debt
  • Motion Proceedings
  • Factual Dispute
  • Termination Of Lease
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Commercial And Corporate [2006] ZASCA 50

BOE Bank Ltd. v Bassage (445/04)

BOE Bank Ltd. v Bassage (445/04) [2006] ZASCA 50; 2006 (5) SA 33 (SCA) ; [2006] 4 All SA 105 (SCA) (31 March 2006)

Court
Supreme Court of Appeal
Case number
445/04
Judges
Mpati, Scott, Zulman, Navsa, Cloete

The Supreme Court of Appeal held that the appellant’s election to rely solely on its security in terms of section 89(2) of the Insolvency Act did not extinguish the underlying debt or its claim against the surety for the shortfall. The election merely limited the appellant’s participation in the insolvent estate to the value of the security and relieved it from liability for sequestration costs, but did not amount to a waiver or abandonment of the balance of the debt. The suretyship remained enforceable for the balance not recovered from the principal debtor, as the respondent had waived the…

Source excerpt

  • Suretyship
  • Insolvency Act Section 89
  • Liquidation And Distribution Account
  • Waiver Of Debt
  • Accessory Liability
  • Companies Act Section 366
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.