South Africa Case Law

South African Securitisation Programme (RF) Ltd and Others v 7 SIRS Group (Pty) Ltd and Others (9525/2022)

South African Securitisation Programme (RF) Ltd and Others v 7 SIRS Group (Pty) Ltd and Others (9525/2022) [2024] ZAWCHC 89 (20 March 2024)

Court

Western Cape High Court, Cape Town

Case number

9525/2022

Judge

M Pangarker

Summary judgment was granted against a guarantor on a rental debt claim. The court held the plaintiffs had locus standi, the certificate of balance was valid, and bare denials were insufficient.

• Summary Judgment
• Cession Of Contracts
• Guarantee Liability
• Certificate Of Balance
• Business Rescue
• Sequestration Stay

Trustees for the Time Being of the "Lona Venter Familie Trust-IT [....]" and Others v Firstrand Bank Limited t/a Wesbank and Another (1490/2022)

Trustees for the Time Being of the "Lona Venter Familie Trust-IT [....]" and Others v Firstrand Bank Limited t/a Wesbank and Another (1490/2022) [2022] ZALMPPHC 15 (3 March 2022)

Court

Limpopo High Court, Polokwane

Case number

1490/2022

Judge

M I Mangena

The High Court granted an urgent stay of execution, suspended the default judgment and warrant retrospectively, and ordered return of a cotton stripper pending rescission.

• Stay Of Execution
• Default Judgment
• Instalment Sale Agreement
• Cession Of Contracts
• Urgent Interdict
• Stay-of-execution

Standard Bank of South Africa Limited v Starpack Manufacturers and Distributors CC and Others (49834/2011)

Standard Bank of South Africa Limited v Starpack Manufacturers and Distributors CC and Others (49834/2011) [2017] ZAGPPHC 857 (21 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

49834/2011

Judge

SJR Mogagabe

The High Court granted Standard Bank’s joinder application, adding Custom Capital (Pty) Limited as fourth defendant in a pending action arising from a rental and cession agreement.

• Joinder Of Parties
• Cession Of Contracts
• Prescription
• Rental Agreement
• Suretyship
• Joinder-of-parties

ABSA Bank Ltd v Innovent Rental and Asset Management Solutions (Pty) Ltd (14073/2010)

ABSA Bank Ltd v Innovent Rental and Asset Management Solutions (Pty) Ltd (14073/2010) [2011] ZAGPJHC 209 (1 September 2011)

Court

South Gauteng High Court, Johannesburg

Case number

14073/2010

Judge

P.A. Meyer

The court held that the defendant's objections to the plaintiff's proposed amendments are not sustainable in law. A liquidator's determination of a lease agreement may constitute repudiation, and the plaintiff is entitled under the main cession agreement to require the defendant to repurchase the contract if payment is withheld. The defendant failed to establish that the amended pleading would be excipiable, and the express terms of the agreement support the plaintiff's entitlement to amend its particulars of claim. The objections raised by the defendant do not preclude the plaintiff from int…

Source excerpt

• Amendment Of Pleadings
• Cession Of Contracts
• Repudiation
• Liquidation
• Damages
• Rule 28 Application