Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927) [2025] ZAGPJHC 573 (10 June 2025)

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927) [2025] ZAGPJHC 573 (10 June 2025)

The court found that the defendants failed to raise any genuine triable issue to resist summary judgment. Jurisdiction was established as the agreements were accepted in Johannesburg. The second defendant is liable under the guarantees, which were unlimited and contained certificate clauses and renunciation of benefits. The impossibility of performance defence was rejected as it was not absolute or objective and contradicted by the timeline of deregistration and lockdown. The National Credit Act does not apply because ownership did not pass to the lessee and no interest or deferred payment was provided for. The certificates of indebtedness were accepted as prima facie evidence, and the...

Citation
[2025] ZAGPJHC 573
Parties
Plaintiff: Technologies Acceptances Receivables (Pty) Ltd; Plaintiff: South African Securitisation Programme (RF) Ltd; Defendant: Thavalerie Travel CC; Defendant: Mhlalisi, Nonthutuzelo Valerie
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 June 2025
Case Number
2022/11927
Procedural Posture
Summary Judgment Application / Opposed Summary Judgment; Judgment Delivered After Oral Argument and Further Heads of Argument.
Outcome
Summary judgment granted against the second defendant in favour of both plaintiffs for the amounts claimed, with interest and costs.
Judges
Maier-Frawley
Legal Topics
Summary Judgment, Guarantee Liability, Certificate of Indebtedness, Jurisdiction, National Credit Act, Impossibility of Performance
Commercial and Corporate Civil Procedure Summary Judgment Guarantee Liability Certificate of Indebtedness Jurisdiction National Credit Act Impossibility of Performance

Case Brief

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Parties

Technologies Acceptances Receivables (Pty) Ltd

Plaintiff

South African Securitisation Programme (RF) Ltd

Plaintiff

Thavalerie Travel CC

Defendant

Mhlalisi, Nonthutuzelo Valerie

Defendant

Procedural Posture

Summary Judgment Application / Opposed Summary Judgment; Judgment Delivered After Oral Argument and Further Heads of Argument.

Legal Issues

  1. 1 Whether the defendants have raised a genuine triable issue to resist summary judgment.
  2. 2 Whether the court has jurisdiction to adjudicate the matter given the location of contract conclusion.
  3. 3 Whether the second defendant is liable under the guarantees for the amounts claimed.

Ratio Decidendi

The court found that the defendants failed to raise any genuine triable issue to resist summary judgment. Jurisdiction was established as the agreements were accepted in Johannesburg. The second defendant is liable under the guarantees, which were unlimited and contained certificate clauses and renunciation of benefits. The impossibility of performance defence was rejected as it was not absolute or objective and contradicted by the timeline of deregistration and lockdown. The National Credit Act does not apply because ownership did not pass to the lessee and no interest or deferred payment was provided for. The certificates of indebtedness were accepted as prima facie evidence, and the...

Court Disposition

Summary judgment granted against the second defendant in favour of both plaintiffs for the amounts claimed, with interest and costs.

Orders

  • Summary judgment is granted against the second defendant in favour of the first plaintiff for payment of R11,158.64, interest at 5% above prime from 30 December 2021 to final payment, and costs on the Magistrates Court scale as between attorney and client.
  • Summary judgment is granted against the second defendant in favour of the first plaintiff for payment of R104,009.98, interest at 5% above prime from 30 December 2021 to final payment, and costs on the Magistrates Court scale as between attorney and client.