Joubert v Vermooten [1912] ZATPD 75 (17 June 1912)

Reported
Flynote

Principal and Surety.Liability of Surety for Costs of
Execussion.

Case summary

In order to entitle a creditor to recover from a surety the
costs of excussing the principal debtor, the creditor
must allege in his summons that he gave the surety
notice of his intention to excuss the principal debtor
and to hold the surety liable for any costs he might
Incur thereby: Without such allegation the mere
fact that the surety previously knew that the creditor
was going to excuss the principal debtor is immaterial.


Loading PDF...

This document is 250.8 KB. Do you want to load it?

▲ To the top