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Whereas, the first respondent, the Development Bank of Namibia (the bank) claimed from the appellant, and the second respondent (Brick Warehouse) an amount of N$17 833 279,50 for monies lent and advanced, and whereas, the court a quo gave orders in respect of a claim for payment of N$ 17,833 279,50 with interest by the appellant (surety) to the first respondent, the appellant appealed against those orders contending that he was released from suretyship.

Evaluation

Shivute CJ, Hoff JA and Schimming-Chase AJA

‘[68]    … In my view, the bank was not legally required to . . .

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