BACKGROUND AND SUMMARY In July 2016, the Land and Agricultural Development Bank of South Africa (the “First Respondent”) and Westside Trading 570 (Pty) Ltd (“Westside”) entered into a loan agreement (the “Principal Agreement’), in terms of which the First Respondent would advance an amount of R100 Million to Westside for the purpose of acquiring and
SUMMARY BKB Limited (“the Plaintiff”) entered into a verbal agreement with Pieter Bezuidenhout (“the Defendant”), wherein the Plaintiff would deliver fertilizer to the Defendant at the Defendant’s special instance, from time to time. Upon delivery of the fertilizer, it was an express, alternatively implied, alternatively tacit term that the Defendant would be invoiced, and that
Introduction The registration of a mortgage bond over the immovable property of the debtor (“mortgagor”), in favour of the creditor (“mortgagee”), is a common example of granting security. A lesser known form of security is the notarial bond, which functions in a similar way to mortgage bonds but is registered over the movable property of