Technologies Acceptances Receivables (Pty) Limited and Others v Selebogo Incorporated and Another (2022/001657) [2025] ZAGPJHC 491 (21 May 2025)

Technologies Acceptances Receivables (Pty) Limited and Others v Selebogo Incorporated and Another (2022/001657) [2025] ZAGPJHC 491 (21 May 2025)

The court found that the issues of cancellation of the rental agreements and the repossession of the equipment are genuine and triable disputes. The defendants have raised defences that cannot be dismissed summarily, including the validity of the termination and the effect of the arbitration clause. The summary judgment procedure is not intended to deprive a party of a trial where a sustainable defence exists. Accordingly, summary judgment is refused and the defendants are granted leave to defend.

Citation
[2025] ZAGPJHC 491
Parties
Plaintiff: Technologies Acceptances Receivables (Pty) Limited; Plaintiff: Fintech Underwriting (Pty) Limited; Plaintiff: Sunlyn (Pty) Limited; Defendant: Selebogo Incorporated; Defendant: Selebogo, Tsheboeng Beatrice
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 May 2025
Case Number
2022/001657
Procedural Posture
Summary Judgment Application / Application for Summary Judgment; Leave to Defend
Outcome
Summary judgment refused; defendants granted leave to defend.
Judges
L Putter
Legal Topics
Summary Judgment, Rental Agreements, Termination of Contract, Repossession of Goods
Civil Procedure Commercial and Corporate Summary Judgment Rental Agreements Termination of Contract Repossession of Goods

Case Brief

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Parties

Technologies Acceptances Receivables (Pty) Limited

Plaintiff

Fintech Underwriting (Pty) Limited

Plaintiff

Sunlyn (Pty) Limited

Plaintiff

Selebogo Incorporated

Defendant

Selebogo, Tsheboeng Beatrice

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment; Leave to Defend

Legal Issues

  1. 1 Whether the plaintiffs are entitled to summary judgment against the defendants.
  2. 2 Whether the defendants have a bona fide defence to the plaintiffs' claims.
  3. 3 Whether the cancellation of the rental agreements and repossession of equipment are triable issues.

Ratio Decidendi

The court found that the issues of cancellation of the rental agreements and the repossession of the equipment are genuine and triable disputes. The defendants have raised defences that cannot be dismissed summarily, including the validity of the termination and the effect of the arbitration clause. The summary judgment procedure is not intended to deprive a party of a trial where a sustainable defence exists. Accordingly, summary judgment is refused and the defendants are granted leave to defend.

Court Disposition

Summary judgment refused; defendants granted leave to defend.

Orders

  • Summary judgment is refused.
  • The defendants are granted leave to defend.