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South Africa Case Law

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Civil Procedure [2024] ZAWCHC 322

Standard Bank of South Africa Limited and Another v Mandlakomoya Trade and Projects CC and Another (3788/2023)

Standard Bank of South Africa Limited and Another v Mandlakomoya Trade and Projects CC and Another (3788/2023) [2024] ZAWCHC 322 (18 October 2024)

Court
Western Cape High Court, Cape Town
Case number
3788/2023
Judge
M W Janisch

The court found that the second respondent had expressly waived the benefit of excussion in the suretyship agreements, making her immediately liable as co-principal debtor and guarantor. The liquidation of the principal debtor does not affect the applicants' independent rights to proceed against the surety and guarantor. The circumstances did not fall within any recognised category for granting a stay, such as lis alibi pendens or abuse of process. The fact that the second respondent lost her source of income due to the liquidation was not a sufficient reason to delay the applicants' pursuit…

Source excerpt

  • Stay Of Proceedings
  • Guarantee And Suretyship
  • Waiver Of Excussion
  • Liquidation Effect On Surety
  • Inherent Jurisdiction
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Banking And Finance [2024] ZAGPJHC 957

Nedbank Limited v Mavie (2023/022069)

Nedbank Limited v Mavie (2023/022069) [2024] ZAGPJHC 957 (25 September 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2023/022069
Judge
Van Nieuwenhuizen

The court held that the respondent, having executed suretyships as co-principal debtor and expressly renounced the benefit of excussion, may be sued directly and independently of the principal debtor, Keliana. The principal debts are due and payable due to Keliana's breaches, including default on payments and the institution of liquidation proceedings, which triggered acceleration clauses in the agreements. The quantum of indebtedness is established by certificates of balance and supporting bank statements, which are valid as liquid documents and prima facie proof. The absence of an answering…

Source excerpt

  • Suretyship
  • Co Principal Debtor Liability
  • Certificate Of Balance
  • Suspensive Conditions
  • Waiver Of Excussion
  • Liquid Document
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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.