Jacobus v Motus Corporation (Pty) Ltd Trading as Imperial Select Brackenfell (NCT/1152641201S/75(1)(b)CPA) [2019] ZANCT 157 (3 May 2019)

Jacobus v Motus Corporation (Pty) Ltd Trading as Imperial Select Brackenfell (NCT/1152641201S/75(1)(b)CPA) [2019] ZANCT 157 (3 May 2019)

The Tribunal was satisfied that the dispute regarding the defective vehicle had been resolved by agreement between the parties. The settlement agreement, which provided for payment of R70,000 to the applicant in full and final settlement, was lawful and complied with the requirements of section 138 of the National Credit Act. The Tribunal therefore made the settlement agreement an order of the Tribunal, bringing the matter to a final resolution.

Citation
[2019] ZANCT 157
Parties
Applicant: Camilo Thandiwe Edwin Jacobus; Respondent: Motus Corporation (Pty) Ltd Trading as Imperial Select Brackenfell
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
3 May 2019
Case Number
NCT/1152641201S/75(1)(b)CPA
Procedural Posture
Civil Application / Settlement Agreement Made Order of Tribunal
Outcome
Settlement agreement made order of Tribunal; application resolved by agreement.
Judges
J Simpson, P Beck, M Nkomo
Legal Topics
Consumer Protection Act, Settlement Agreement, Refund of Purchase Price
Commercial and Corporate Civil Procedure Consumer Protection Act Settlement Agreement Refund of Purchase Price

Case Brief

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Parties

Camilo Thandiwe Edwin Jacobus

Applicant

Motus Corporation (Pty) Ltd Trading as Imperial Select Brackenfell

Respondent

Procedural Posture

Civil Application / Settlement Agreement Made Order of Tribunal

Legal Issues

  1. 1 Whether the applicant is entitled to a refund of the purchase price for a defective used vehicle.
  2. 2 Whether the settlement agreement between the parties should be made an order of the Tribunal.

Ratio Decidendi

The Tribunal was satisfied that the dispute regarding the defective vehicle had been resolved by agreement between the parties. The settlement agreement, which provided for payment of R70,000 to the applicant in full and final settlement, was lawful and complied with the requirements of section 138 of the National Credit Act. The Tribunal therefore made the settlement agreement an order of the Tribunal, bringing the matter to a final resolution.

Court Disposition

Settlement agreement made order of Tribunal; application resolved by agreement.

Orders

  • The signed settlement agreement entered into between the parties is made an order of the Tribunal.
  • No order is made as to costs.