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Abrinah 7804 (Pty) Ltd v Kapa Koni Investment CC (717/2016) [2017] ZANCHC 1 (13 January 2017)
Leave to appeal was refused because the applicant showed no reasonable prospects of success on the validity and cancellation of the contract.
FirstRand Bank Ltd t/a Wesbank v Weltman -Shmaryanhu, FirstRand Bank Ltd t/a McCarthy Finance a division of Wesbank v Weltman -Shmaryanhu (18229/2010, 18230/2010, 18243/2010) [2010] ZAWCHC 621 (10 December 2010)
The court found that service of the section 129 notice by the deputy sheriff did not invalidate compliance with statutory requirements, as the risk of non-receipt lies with the consumer if the notice is received. Cancellation of the agreement was adequately conveyed to the defendant, at least upon service of summons, and no further notice was required. The citation of the plaintiff did not render the agreement unlawful, as the documentation clarified the relationship between Wesbank and FirstRand Bank Limited. The defendant's affidavit did not disclose a bona fide defence beyond bald denials…
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