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South Africa Case Law

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Civil Procedure [2024] ZAECBHC 30

Standard Bank of South Africa Ltd v Tafeni (835/2023)

Standard Bank of South Africa Ltd v Tafeni (835/2023) [2024] ZAECBHC 30 (30 August 2024)

An unopposed default judgment application. The court found no valid defence, cancelled the agreement, ordered return of a vehicle, and awarded costs.

  • Default Judgment
  • Credit Agreement Enforcement
  • Repossession Of Goods
  • Arrear Payments
  • Default-judgment
  • Credit-agreement-enforcement
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Civil Procedure [2024] ZAGPPHC 621

Nedbank Limited v Mathebula (337/22; 384/22)

Nedbank Limited v Mathebula (337/22; 384/22) [2024] ZAGPPHC 621 (12 June 2024)

Summary judgment was granted in part on instalment sale agreements, rejecting a Covid-19 lockdown impossibility defence except for arrears during hard lockdown.

  • Summary Judgment
  • Supervening Impossibility
  • Instalment Sale Agreement
  • Force Majeure
  • Arrear Payments
  • Summary-judgment
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Civil Procedure [2012] ZAWCHC 62

Investec Bank (Mauritius) Ltd v Mohan (6713/2010)

Investec Bank (Mauritius) Ltd v Mohan (6713/2010) [2012] ZAWCHC 62 (20 March 2012)

The court held that the National Credit Act did not apply to enforcement of the court orders and granted judgment only for arrears, not the full debt.

  • Enforcement Of Court Orders
  • Arrear Payments
  • Declaration Of Executability
  • Allocation Of Payments
  • National Credit Act Compliance
  • National-credit-act
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Banking And Finance [2012] ZAGPJHC 300

Standard Bank of South Africa Limited v Jwara and Others (19765/2011)

Standard Bank of South Africa Limited v Jwara and Others (19765/2011) [2012] ZAGPJHC 300 (8 February 2012)

The court held that a POCA restraint order created a legal disability, but the bank still had to give section 129 notice under the National Credit Act before proceeding.

  • National Credit Act
  • Legal Disability
  • Default Under Credit Agreement
  • Judicial Oversight
  • Arrear Payments
  • National-credit-act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.