- Absa Bank Limited v Trustees for the time being of the Johan Rademan Family Trust NO.1 and Others (12046/2010)  ZAWCHC 1580.23 MB
JUDGMENT DELIVERED ON 28 OCTOBER 2014
 The plaintiff is a commercial bank. It is also a registered credit provider in terms of the National Credit Act 34 of 2005 (the NCA). The trustees of the Johan Rademan Family Trust No. 1, cited collectively, are the first defendant. It is common ground that the trustees are the second and third defendants. They are husband and wife. They are sued in their personal capacities as the second and third defendants, respectively, by reason of their having stood surety in favour of the plaintiff for the debts of the trust. The relevant deeds of suretyship, in terms of which the second and third defendants undertook unlimited liability as sureties and co-principal debtors in solidum in respect of any present or future liability by the trust to the plaintiff, were executed before the NCA was enacted. The plaintiff has sued for the recovery of R3109606,66, together with interest thereon from 17 November 2009, that is alleged to be due and payable to it by the trust, and thus also the sureties, in terms of two loan agreements. The trust’s liability in terms of the loans is secured by a mortgage registered over certain fixed property owned by the trust. The plaintiff also seeks an order declaring the property directly executable.