South Africa Case Law

Naxa Trading (Pty) Limited v Voltex (Pty) Limited (Reasons) (2478/23)

Naxa Trading (Pty) Limited v Voltex (Pty) Limited (Reasons) (2478/23) [2024] ZAECMKHC 114 (22 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2478/23

Judge

N Cengani-Mbakaza

The court found that the applicant established sufficient urgency due to the imminent threat to personal liberty posed by outstanding warrants of arrest following a winding-up order. The applicant's version of events was uncontested, as the respondent elected not to file an answering affidavit. The court exercised its discretion to relax procedural rules in the interests of justice, finding that the applicant would suffer irreparable harm if the stay was not granted and that the respondent would not be prejudiced by a brief suspension pending the rescission application, which was scheduled wi…

Source excerpt

• Stay Of Execution
• Urgent Interdict
• Winding Up Proceedings
• Rescission Of Judgment
• Credit Agreement Dispute

Gwabeni v Wesbank, a Division of Firstrand Bank Limited (NCT/277103/2023/141(1)(b))

Gwabeni v Wesbank, a Division of Firstrand Bank Limited (NCT/277103/2023/141(1)(b)) [2024] ZANCT 2 (2 February 2024)

Court

National Consumer Tribunal

Case number

NCT/277103/2023/141(1)(b)

Judges

P Manzi-Ntshingila, A Potwana, C Sassman

The National Consumer Tribunal dismissed an unopposed consumer application to amend a vehicle credit agreement, finding no proof that Wesbank overcharged the applicant.

• Credit Agreement Dispute
• Burden Of Proof
• Consumer Protection
• Unopposed Application
• Consumer-credit
• Credit-agreement-disputes

Singh v Nedbank Limited and Another (942/2018)

Singh v Nedbank Limited and Another (942/2018) [2023] ZAGPJHC 92 (9 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

942/2018

Judge

S D J Wilson

The High Court rescinded an order dismissing Singh’s rescission application, finding an arguable case and a full, honest explanation for his absence.

• Rescission Of Judgment
• Credit Agreement Dispute
• Consumer Protection Act
• National Credit Act
• Restitution
• Default Judgment

Tensile Rubber Compounds (Pty) Ltd v Rema Industries (43314/19)

Tensile Rubber Compounds (Pty) Ltd v Rema Industries (43314/19) [2020] ZAGPPHC 60 (4 March 2020)

Court

North Gauteng High Court, Pretoria

Case number

43314/19

Judge

MMP Mdalana-Mayisela

The applicant established on a balance of probabilities that the respondent is indebted and unable to pay its debts. The respondent's defences, including the alleged defectiveness of goods and exceptio non adimpleti contractus, do not amount to a bona fide and reasonable dispute. The respondent admitted indebtedness in correspondence and failed to comply with a payment proposal. The requirements for a final winding up order are satisfied, and the respondent's inability to pay is demonstrated by the outstanding debt and the service of a section 345 letter of demand.

Source excerpt

• Winding Up Of Company
• Credit Agreement Dispute
• Company Indebtedness
• Exceptio Non Adimpleti Contractus

Louw v Wesbank a division of Firstrand Bank Ltd (905/2018)

Louw v Wesbank a division of Firstrand Bank Ltd (905/2018) [2019] ZANCHC 12 (22 March 2019)

Court

Northern Cape High Court, Kimberley

Case number

905/2018

Judge

BM Pakati

The High Court dismissed an application for leave to appeal against an interim attachment order, holding the order was not final and there were no prospects of success.

• Interim Interdict
• Leave To Appeal
• Credit Agreement Dispute
• Peremption
• Declaratory Order
• Leave-to-appeal