Plastomark (Pty) Ltd

Plastomark (Pty) Ltd

Plastomark (Pty) Ltd VS Ashley and Others (represented by Phillip Silver law firm)   

Case number: 13/345934

 


 

Phillip Silver and Associates represented the Plaintiff, Plastomark, who sued the defendants as sureties and co-principal debtors for balance of debt of principal debtor in terms of acknowledgement of debt -defendants raising defence that additional payments were made by related entities pursuant to invoices delivered after the date of acknowledgement of debt, the court found that there was no relevance shown between those payments and indebtedness arising from acknowledgement of debt and accordingly no defence shown, indicated the court’s residual discretion where sureties distant parties to accrual and computation of amount claimed  in absence of any possible defence and therefore found the plaintiff to be entitled to summary judgment.

 


 

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