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South Africa decisions
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ABSA Bank Ltd v Tswago (Leave to Appeal) (114422/2023) [2025] ZAGPPHC 788 (29 July 2025)
Leave to appeal against summary judgment was dismissed. The court held no appeal lay from the default order, rejected new National Credit Act arguments, and awarded punitive costs.
Rock Foundation Properties and Another v Chaitowitz (1038/2023) [2025] ZASCA 82 (9 June 2025)
The Supreme Court of Appeal struck a reconsideration application from the roll, finding no exceptional circumstances to revisit refusal of leave to appeal.
Potpale Investments (Pty) Ltd v Kotelo (2023/070442) [2025] ZAGPJHC 473 (16 May 2025)
The defendant's defences were vague, contradictory, and lacked sufficient detail to constitute a bona fide defence to summary judgment. Even if the agreement were suspended or set aside for reckless credit, the plaintiff, as owner, would still be entitled to repossession of the vehicle. The defendant admitted to being in arrears and provided no credible or cognisable defence to the plaintiff's claim. Accordingly, summary judgment was granted for confirmation of termination, return of the vehicle, and attorney and client costs.
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Stewarts & Lloyds Holdings (Pty) Ltd v Oxy Trading 295 (Pty) Ltd t/a DL Construction and Others (1204/2021) [2025] ZANWHC 19 (3 February 2025)
The High Court upheld an exception to the defendants’ plea, struck it out, and ordered costs after finding the plea vague, contradictory, and non-defensive.
Morwalele v Imas Co-Operative Limited and Another (NCT/334154/2024/141(1)(b)) [2024] ZANCT 61 (29 October 2024)
The Tribunal found that the applicant's application for condonation was not inordinately late, but the merits of the main application were poor. Section 121 of the National Credit Act did not apply to the credit agreement in question, and even if it did, the applicant failed to deliver notice of termination within the prescribed five-day period. The applicant's complaint regarding the lack of an affordability assessment was time-barred under section 166, as more than three years had elapsed since the relevant act or omission. Given the lack of prospects of success and the interests of justice…
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BMW Financial Services (South Africa) (Pty) Ltd v Gumede (4642/2024P) [2024] ZAKZPHC 95 (28 October 2024)
The High Court granted summary judgment for BMW Financial Services, confirming termination of the agreement and ordering return of the vehicle after no bona fide defence was shown.
Bana v Georgiou (3759/2023) [2024] ZAFSHC 336 (21 October 2024)
Leave to appeal against dismissal of a provisional sequestration application was refused, with the court declining to decide a new NCA interpretation point on appeal.
Bogatsu v Wesbank and Another (NCT/344458/2024/141(1)(b) - Rule 34) [2024] ZANCT 41 (4 October 2024)
The Tribunal refused condonation for a late leave-to-refer application, finding the delay extreme, the complaint time-barred, and the relief sought incompetent.
Bridge Taxi Finance GJ (Pty) Ltd v Shabangu (036642/2023) [2024] ZAGPJHC 681 (22 July 2024)
The High Court confirmed a rule nisi for repossession of a financed minibus after finding no material non-disclosure in the ex parte application.
Tikka Tikka Projects (Pty) Limited and Others v Carrim Holdings (Pty) Ltd (046271/2022) [2024] ZAGPPHC 461 (14 May 2024)
The High Court dismissed an exception to particulars of claim in a credit-agreement dispute, holding the pleaded tacit acceptance issue went to the merits.
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