Question

Moss borrowed R100 000 from Chris. Nomzamo is “surety and co-principal debtor”, and Sikhu is surety...

Moss borrowed R100 000 from Chris. Nomzamo is “surety and co-principal debtor”, and Sikhu is surety for Moss’s debt to Chris. Moss’s estate is sequestrated. Advise Chris of the circumstances under which he can claim the R100 000 from Nomzamo or Sikhu in terms of the contract of suretyship

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Chris can claim R100 000 from Nomzamo or Sikhu as soon as principal debtor makes the default in the payment of the debt because surety becomes liable on that instance. The liability of surety is co extensive with the principal debtor unless stated otherwise. A credior is not bound to proceed against the principal debtor first as he can directly sue the surety without suing the principal debtor. But creditor cannot ask the surety to pay the debt until and unless principal debtor makes any default. The liability of principal debtor is primary and of surety is secondary.

Chris can also claim the amount from Nomzamo as he is firstly liable in the capacity of co-principal debtor before being liable in the capacity of surety.

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