The court dealt with an application about whether a guarantee requirement had settled the applicants’ indebtedness to Land Bank, and whether a life policy cession to Land Bank was valid. It also considered a stay application and a strike out application before dismissing the main application.
It may be relevant to disputes about settlement wording, security cessions, and costs claims arising from credit agreements.
Evidence from source
The applicants seek declaratory relief to the effect that the cessions of the life policy and of the crops and crop proceeds have lapsed by operation of law and reverted to them
Supports: plain summary: the application concerned the validity and continuation of the life policy and crop-related cessions
The Guarantee Requirement did not, upon its proper interpretation, extinguish Land Bank's alleged contractual entitlement to recover enforcement costs under the credit agreements.
Supports: plain summary: the court considered whether the guarantee requirement settled the indebtedness
1. The application to strike out portions of the Fourth Respondent’s answering affidavit is dismissed. 2. The main application is dismissed.
Supports: plain summary: the striking out application and main application were dismissed