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South Africa decisions
Decisions matching the current search
Firstrand Auto Receivables (RF) Ltd v Makgobatlou (12908/2020) [2021] ZAGPJHC 420 (8 September 2021)
Summary judgment was granted in a vehicle finance dispute, confirming cancellation of the instalment sale agreement and ordering return of the BMW.
Sasfin Bank Limited v Van Blerk NO and Others (1795/2020) [2020] ZAFSHC 174 (23 October 2020)
The High Court refused summary judgment, finding the respondents had shown a bona fide defence about sim-cards and data forming part of the rental agreement.
Caveonet Investments (Pty) Ltd t/a Becker and Mzimela Investigations v Road Accident Fund (35851/2015) [2016] ZAGPPHC 11 (21 January 2016)
Summary judgment was refused because the plaintiff failed to plead the cession linking it to the contract, and the defendant raised a bona fide defence on tariffs.
Fikeni and Others v Mlamli Projects CC and Others, In re: Mlamli Projects CC v Fikeni and Others (39611/2013) [2015] ZAGPPHC 880 (29 October 2015)
The High Court refused a postponement sought by the IDT trustees, finding no sufficient cause and holding that the alleged cession did not justify delaying trial.
Generaal Hendrik Schoeman Laerskool v Bastian Financial Services (Pty) Ltd (A 1100/2010) [2013] ZAGPPHC 233 (2 August 2013)
The plaintiff failed to prove locus standi to sue the defendant, as it did not provide evidence of a re-cession agreement after conceding that the contract had been ceded to Wesbank. The particulars of claim did not address the cession or re-cession, and the plaintiff ignored the evidentiary challenge raised by the defendant. The trial court erred in refusing the defendant's amendment to pleadings regarding cession. The inclusion of excessive irrelevant material in the appeal record warranted a punitive costs order. The appeal by the defendant succeeds, and the plaintiff's cross appeal on int…
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