Wilke NO and Others v Griekwaland Wes Korporatief Ltd (1327/2019) [2020] ZASCA 182 (23 December 2020)

Civil procedure – action by creditor based on acknowledgement of debt which related only to arrears – judgment in favour of debtor on basis that amount of indebtedness not established – subsequent claim by debtor and surety for cancellation of surety bond – given as security for debt – creditor claiming entitlement to security on basis of underlying original causes of debt – acknowledgment of debt reserving creditor’s rights in relation to original causes or finance agreements – whether creditor precluded by res judicata or issue estoppel – not same relief on same ground –– appeal dismissed.