MAKE USE OF INTERNAL REMEDIES!
Christina Friederike CC v Quartet Body Corporate and Others (2013/19206) [2016] ZAGPJHC 35
(2 March 2016)
The judgment deals with the mud-slinging between two sectional title owners regarding renovations to their units and leaks allegedly caused as a result. The court cautions that before a final interdict is sought, parties should make sure to first exhaust available internal remedies provided in the scheme’s rules, as a final interdict is a drastic remedy and will not be granted without more.
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The Judgment
Summary of the Judgment
STANDING SURETY: KNOW WHAT YOU SIGN
Standard Bank of South Africa Ltd v Herselman (328/2015) [2016] ZAFSHC 39 (3 March 2016)
There are many reported judgments where one party seeks to escape liability under a suretyship. A defence that the implications of the document was not explained, despite wording in the agreement requiring the signatory to acknowledge that all has been explained to him/her, are common. The present matter is another such example and highlights how important it is to read the details of the agreement, before putting pen to paper.
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The Judgment
Summary of the Judgment