South Africa Case Law

SA Taxi Finance Solutions (Pty) Limited v Mokobi (2021/12537)

SA Taxi Finance Solutions (Pty) Limited v Mokobi (2021/12537) [2023] ZAGPJHC 751 (30 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/12537

Judge

PG Louw

The court found that the defendant failed to disclose a bona fide defence to the plaintiff's claim for the return of the minibus taxi. The defence of supervening impossibility of performance was rejected because the impossibility relied upon was subjective and not objectively impossible; the defendant's financial difficulties and the impact of Covid-19 did not meet the stringent requirements of the doctrine. The plaintiff complied with section 129 of the National Credit Act by sending the notice by registered mail to the address chosen by the defendant, and the defendant received the notice a…

Source excerpt

• Summary Judgment
• Consumer Credit Agreement
• National Credit Act
• Jurisdiction
• Supervening Impossibility
• Notice Requirements

Cloete and Another v Standard Bank of SA Ltd (1049/2017)

Cloete and Another v Standard Bank of SA Ltd (1049/2017) [2020] ZANCHC 38 (22 May 2020)

Court

Northern Cape High Court, Kimberley

Case number

1049/2017

Judge

Makoti

The High Court dismissed an application to rescind a default judgment and refused condonation, finding no erroneous grant, no good explanation, and no bona fide defence.

• Rescission Of Default Judgment
• Condonation For Late Filing
• Consumer Credit Agreement
• Mortgage Bond
• Service Of Process
• Rescission-of-default-judgment

Supplier told consumer furniture was a gift: proof of signed agreement (2013517356)

Supplier told consumer furniture was a gift: proof of signed agreement (2013517356) [2013] ZACGSO 8 (2 December 2013)

Court

Consumer Goods and Services Ombud

Case number

2013517356

Judge

Bonita Hughes

The Ombud held that a signed purchase agreement and payment records showed the furniture was sold, not gifted, and dismissed the consumer’s complaint.

• Consumer Credit Agreement
• Proof Of Contract
• Misrepresentation
• Refund Policy
• Consumer-credit-agreement
• Proof-of-contract