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South Africa decisions
Decisions matching the current search
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.
Investec Bank Ltd v Abada (43166/2019) [2020] ZAGPPHC 128 (23 April 2020)
High Court dispute over two credit agreements was referred to oral evidence because arrears and acceleration-clause issues were factually disputed.
Firstrand Bank Limited v Slabbert (5003/2016) [2017] ZAFSHC 12 (16 February 2017)
The High Court dismissed Firstrand Bank’s summary judgment application, finding the defendant had disclosed a sufficient defence to justify a trial.
Nedbank Limited v George and Others (2441/2015) [2015] ZAECPEHC 51 (10 September 2015)
The court found the bank was justified in issuing summons over mortgage arrears, but the matter had settled. The defendants were ordered to pay attorney-and-client costs.
Fulloutput 7 (Pty) Ltd t/a Petroport Touws River v Total SA (Pty) Ltd (11561/2013) [2014] ZAWCHC 156 (21 October 2014)
Full bench appeal over fuel-supply cancellation and eviction. The court dismissed the interdict appeal, found substantial arrears, and upheld the cross-appeal granting eviction.
Standard Bank of SA Limited v Ngcobo (57807/2013) [2014] ZAGPPHC 431 (26 June 2014)
High Court summary judgment was granted to Standard Bank in an instalment sale dispute, with cancellation confirmed and the vehicle ordered returned.
Absa Bank Ltd v Jakobo (2562/2013) [2013] ZAFSHC 228 (28 November 2013)
The court found that the applicant complied with section 129 of the National Credit Act by sending and delivering the required notice to the respondent via registered mail. The respondent admitted arrears of R2,961.13 and failed to demonstrate that the account was brought up to date. Payments made in June 2013 did not extinguish the arrears as at 16 August 2013. The respondent did not disclose a bona fide defence that would defeat the applicant's claim. Accordingly, the requirements for summary judgment were satisfied and the applicant was entitled to cancellation of the agreement and return…
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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.
Firstrand Bank Ltd v Britz and Another (5243/2011) [2012] ZAFSHC 13 (9 February 2012)
The High Court dismissed Firstrand Bank’s summary judgment application, finding insufficient proof of arrears and that the defendants showed willingness to comply with a debt rearrangement order.
M.A.V.T v J.V.T (51591/2009) [2009] ZAGPPHC 293 (18 September 2009)
The respondent failed to comply with a valid Rule 43 maintenance order and did not provide a credible or acceptable explanation for his non-compliance. His financial obligations, including bond repayments and personal expenses, do not justify prioritizing those liabilities over the court order. The respondent did not take reasonable steps to reduce his expenses or seek a variation of the order through the maintenance court. The court found that the respondent acted wilfully and mala fide in failing to comply, and the applicant proved contempt beyond reasonable doubt. The respondent's counter-…
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